Ma, after graduating from junior high school, hung out in the society, watched casinos and became a thug in casinos. 20 15 detained on August 22nd for taking drugs 15 days. In September, he was detoxified by the community for three years. During the period from 20 16 to 17, Ma participated in many criminal activities, such as Xu Xinchun's evil gangs gathering people to fight and opening casinos. 17165438+1October 14, was criminally detained on suspicion of affray. On February 7th, 65438, he was arrested for affray and gambling, and detained in xinghua city detention center.
The crimes committed by Ma are as follows:
1. In the beating case of Tangshan barbecue restaurant, Ma used violence to beat many women at random in public places, causing serious disorder in public places. This is a case of beating others at will and the circumstances are bad, which has been suspected of constituting the crime of picking quarrels and provoking troubles. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
2. Ma is still in the investigation period of five years. According to the relevant laws and regulations, if a criminal sentenced to fixed-term imprisonment or more commits the crime of fixed-term imprisonment or more within five years after the execution of the punishment or pardon, it is a recidivist and should be severely punished.
3. Ma has long provided help in guarding casinos and shuffling cards for gambling crimes of Shen Xiaojun and others.
legal ground
Article 293 of the Criminal Law of People's Republic of China (PRC) (revised in 2020) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if he commits one of the following acts:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Article 65 of the Criminal Law of People's Republic of China (PRC) (revised in 2020) A general recidivist who has been sentenced to more than fixed-term imprisonment commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the execution of the punishment or pardon is a recidivist and should be given a heavier punishment, except for negligent crimes and crimes committed by people under the age of 18. The time limit prescribed in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are paroled.
Article 176 of the Criminal Procedure Law of People's Republic of China (PRC), if the people's procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, bring a public prosecution to the people's court in accordance with the provisions of judicial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.