According to the provisions of Article 293 of the Criminal Law of People's Republic of China (PRC), the crime of picking quarrels and provoking troubles refers to the act of wantonly provoking, arbitrarily beating and harassing others, or arbitrarily damaging or occupying public or private property, or creating troubles in public places, which seriously undermines social order. The objective manifestations of the crime of stirring up trouble in criminal law include chasing, intercepting, insulting and intimidating others, and the circumstances are bad.
Abuse others at will due to neighborhood disputes, resulting in serious consequences of death. Suspected of stirring up trouble. It is suggested that the investigation organ should supplement the investigation according to the constitutive elements of the crime of stirring up trouble.
According to the third paragraph of Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray, it is generally not recognized as affray because of neighborhood disputes, but after being criticized by relevant departments to stop or deal with punishment, it continues to carry out cutting-edge behavior and disturb social order.
Extended data:
On June 8th, 20 14, Zhou Hua (a pseudonym), a 5 1 year-old villager in Xichong County, found that his duck died in the field of his neighbor Zhang Ying (a pseudonym), so he suspected that Zhang Ying had poisoned his duck. Later, Zhou Hua, who had doubts, found Zhang Ying and abused her. Although Zhang Ying explained that she was not poisoned, "The duck died in my field, and it is unreasonable to suspect that I was poisoned."
However, Zhou Hua did not stop there, and he continued to insult brinton. In the afternoon, local village cadres rushed to the scene to mediate between them, which promptly interrupted Zhou Hua's impulsive behavior. But the next morning, Zhou Hua continued to insult Brinton; In the afternoon, she even went to Zhang Ying's home to insult and humiliate.
Village cadres criticized and stopped Zhou Hua again, but Zhou Hua refused to listen to persuasion and abused him until that evening. Zhang Ying, 52, fell to the ground and died after being sent to hospital for rescue. After forensic identification, Zhang Ying died of cerebral hemorrhage induced by hypertension. According to the detection of Zhou Huajia's dead duck, no toxic components were detected.
Ms. Yang, the prosecutor in charge of the case, told the Chengdu Business Daily reporter that she didn't know that she had high blood pressure and didn't know that quarreling would cause death. Zhou Hua knew that Zhang Ying had insufficient evidence of hypertension, and Zhou Hua could not foresee that abuse might lead to his death when he committed the crime, which did not constitute the crime of negligent death.
However, the public prosecutor suggested that Zhou Hua abused others at will because of a neighborhood dispute, resulting in the serious consequences of one person's death, and was suspected of the crime of stirring up trouble. He suggested that the investigation organ should supplement the investigation according to the constitutive elements of the crime of stirring up trouble. After supplementary investigation by the public security department, it was confirmed that Zhou Huajia's duck was not poisoned, and it was also confirmed that the village committee had twice criticized and stopped Zhou Hua.
According to the third paragraph of Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray, it is generally not recognized as affray because of neighborhood disputes, but after being criticized by relevant departments to stop or deal with punishment, it continues to carry out cutting-edge behavior and disturb social order.
On this basis, the procuratorate believes that this case should be dealt with as the crime of stirring up trouble. In the end, the case was pronounced in the first instance, and the court finally adopted the opinion of the procuratorial organ, and found that Zhou Hua constituted the crime of stirring up trouble. In view of the defendant Zhou Hua's active compensation during the trial, the court sentenced him to fixed-term imprisonment of 1 year and suspended sentence of 1 year.
Baidu Encyclopedia-Crime of picking quarrels and provoking troubles
Chengdu Business Daily-The quarrel is so loud that people "scold to death". This is a big deal.