First, what is the crime of stirring up trouble?
The crime of stirring up trouble refers to wanton provocation, beating and harassing others at will, destroying or occupying public or private property at will, or making trouble in public places. Acts that seriously undermine social order. There are four kinds of objective manifestations of the crime of stirring up trouble in criminal law: ① beating others at will, with bad circumstances; (2) 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) Gathering people to make trouble in public places, causing serious disorder in public places.
Second, the sentencing standards for the crime of stirring up trouble
According to Article 293 of the Criminal Law, whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(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.
A typical case of the crime of stirring up trouble.
10 June 1 1 day, the people's court of Jing 'an District of Shanghai concluded a case of threatening judges to make trouble. The court sentenced three defendants, He Mou and Wang Mou, to one year's imprisonment, suspended for three months and exempted from criminal punishment.
Chen Mou is a party to a civil case in the Putuo District People's Court. In order to put pressure on the judge in charge, one day in June, 20 15, Wang, a daughter-in-law, and He, a cousin of Wang, were gathered to threaten the judge's residence. First, He was instructed to trick the judge into opening the door on the grounds of sending a courier, and then Chen Mou tried to rush into the judge's house with a petrol can. After being stopped by the judge, Chen Mou clamored for mutual destruction with the judge. During the period, Wang and He were responsible for guarding the corner of the stairs of the judge's residential building. After the judge's wife called the police in time, she found that the liquid in the gasoline tank that Chen Mou was carrying was tap water.
On June, 2065438 1 day, Shanghai Jing 'an District Procuratorate filed a public prosecution with Jing 'an District Court.
During the trial, Chen Mou admitted that his way of expressing his appeal was improper, which had a bad influence on the judge and his family. He has no awareness of legal concepts and asks the court for a lighter punishment. All three defendants expressed remorse for the excessive behavior, apologized to the judge himself and his family, and promised to strengthen the concept of the legal system in the future and reflect their demands through legal and compliant channels.
After trial, the court held that the defendants, Wang and He threatened others, and the circumstances were serious, which constituted the crime of stirring up trouble and should be punished according to law. Considering that he has reached the age of 60 and has been suffering from cancer for many years, and Wang was breastfeeding at the time of the crime, the court made the above judgment according to the criminal circumstances of the three defendants, their role in this case and their physical condition, and in accordance with the criminal policy of combining leniency with severity.