The crime of stirring up trouble refers to the act of creating troubles in public places, causing serious disorder in public places, chasing, intercepting, insulting and intimidating others, extorting or arbitrarily damaging or occupying public and private property, undermining social order, and the circumstances are serious.
On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to other criminal facts that affect the constitution of the crime, such as the number of troubles, the consequences of injury, extortion of other people's property or arbitrary damage and occupation of public and private property.
Aggravated circumstances of the crime of stirring up trouble;
1. For each additional provocation, the sentence can be increased by one month to six months; Every time people gather to make trouble, the sentence can be increased from six months to one year;
2. Every time a minor injury is added, the sentence can be increased by one month to three months; Every time a minor injury is added, the sentence can be increased by three months to one year;
3. For every additional person who causes mental disorder, the prison term can be increased from six months to one year; For every additional person who commits suicide and causes serious injury or death, the sentence can be increased by one to two years;
4. For every increase of 5,000 yuan in public or private property, or every increase of 10000 yuan in public or private property, the prison term can be increased by one month to three months;
5. Other circumstances that can increase the amount of punishment.
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Legal basis: Article 293 of the Criminal Law of People's Republic of China (PRC) commits one of the following acts of provoking troubles and disturbing social order, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: beating others at will, and the circumstances are bad;
Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; Forcing or arbitrarily damaging or occupying public or private property, if the circumstances are serious; Accommodating people in public places, 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.