Picking a quarrel and causing trouble, if the circumstances are general and no harm is caused, it is a controlled punishment; If the application of public surveillance punishment is not enough to reflect the value of punishment, it is criminal detention punishment.
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Reference point of statutory benchmark punishment for fixed-term imprisonment of less than five years
Whoever falls under one of the four circumstances stipulated in Article 293 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than six months;
For each additional conviction, the sentence will be increased by one year; Every time there is an increase in the number of unconvicted cases or the same situation is increased twice, the sentence will be increased by six months.
Whoever causes minor injuries by picking fights shall be sentenced to fixed-term imprisonment of one year and six months, and the term of imprisonment shall be increased by six months to one year for each additional minor injury; For each minor injury, the sentence is increased by two months.
Whoever seizes other people's property or arbitrarily damages or misappropriates public or private property will be sentenced to one month for each additional 200 yuan.
Making trouble in public places, organs and other enterprises and institutions by threats or threats such as self-mutilation or suicide. , causing serious social disorder or adverse effects, shall be sentenced to fixed-term imprisonment of two years and six months.
Discretion rules of individual crime
When sentencing a case according to the provisions of this section, the collegial panel (sole court) may exercise its discretion within six months after considering the comprehensive sentencing factors such as personal danger and social harm.
Subject to probation
In any of the following circumstances, probation shall not apply:
(1) Being punished by public security for disturbing the social management order;
(2) Having three or more situations as stipulated in Article 293rd of the Criminal Law;
(three) the loss of public property amounted to more than 50 thousand yuan without compensation and caused serious social impact;
(four) causing minor injuries to more than two people.
How to sentence the principal in the case of four people picking quarrels and causing troubles is often determined in combination with specific circumstances, and the law that the principal can actively rehabilitate will also give relevant opportunities. Specific sentencing requirements and relevant legal provisions for sentencing four principal offenders.