If a person has been criminally arrested, his family and friends can't see him in person, and only lawyers can go to the detention center to see him. You should ask a lawyer to meet him in time, interview him, understand the case, provide legal help, determine whether it is lighter or mitigated, whether it is in line with the crime, strive for a lighter treatment, and safeguard his legitimate rights and interests.
Hiring a lawyer can help the suspect apply for bail pending trial or appear in court to defend himself. The result depends on the case and the efforts of the lawyer.
Therefore, the role of entrusted lawyers is very great, and the help given by lawyers with comprehensive legal knowledge and rich practical experience is irreplaceable by others.
Legal provisions and judicial interpretation of the crime of stirring up trouble
1. According to Article 293 of the Criminal Law, anyone who commits one of the following acts of stirring up 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;
(four) together in a public place. 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.
legal ground
According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), some issues concerning the application of law in handling criminal cases of affray are explained as follows:
Article 1 The actor creates troubles by seeking excitement, venting emotions, bravado, etc. Whoever commits the acts specified in Article 293 of the Criminal Law shall be deemed as "the crime of stirring up trouble".
If the actor commits the acts specified in Article 293 of the Criminal Law due to occasional contradictions and disputes in daily life, it shall be deemed as "seeking trouble", except that the contradiction is intentionally caused by the victim or the victim is mainly responsible for the intensification of the contradiction.
Where an actor commits acts such as beating, insulting, threatening others or damaging or encroaching on others' property due to disputes over marriage, family, neighborhood or debt, it is generally not recognized as "stirring up trouble", but after being criticized and stopped by the relevant departments or punished, he continues to carry out frontier acts, except for disturbing social order.
Article 2 Whoever beats others at will and disturbs social order in any of the following circumstances shall be deemed as "bad circumstances" as stipulated in Item 1, Paragraph 1, Article 293 of the Criminal Law:
(1) Causing one or more minor injuries or two or more minor injuries;
(2) Causing serious consequences such as mental disorder and suicide of others;
(3) repeatedly beating others at will;
(4) beating others at will with a murder weapon;
(five) beating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors at will, causing adverse social impact;
(six) beating others at will in public places, causing serious disorder in public places;
(seven) other vile circumstances.
Article 3 Whoever chases, intercepts, insults or intimidates others and disturbs social order under any of the following circumstances shall be deemed as "bad circumstances" as stipulated in Item 2, Paragraph 1, Article 293 of the Criminal Law:
(1) Chasing, intercepting, abusing or intimidating others for many times, resulting in adverse social impact;
(2) Chasing, intercepting, abusing or intimidating others with a murder weapon;
(3) Chasing, intercepting, abusing or intimidating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, thus causing adverse social impact;
(4) Causing serious consequences such as mental disorder and suicide of others;
(five) seriously affect the work, life, production and operation of others;
(six) other vile circumstances.
Article 4 Whoever extorts money or arbitrarily damages or occupies public or private property and disturbs social order shall be deemed as "serious" as stipulated in Item 3, Paragraph 1, Article 293 of the Criminal Law:
(1) extorting public or private property worth more than 1,000 yuan, or arbitrarily damaging or encroaching on public or private property worth more than 2,000 yuan;
(two) repeated extortion or arbitrary damage, occupation of public and private property, resulting in adverse social impact;
(three) extortion or arbitrary destruction, occupation of mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, resulting in adverse social impact;
(4) Causing serious consequences such as mental disorder and suicide of others;
(five) seriously affect the work, life, production and operation of others;
(six) other serious circumstances.
Article 5. When making troubles in stations, docks, airports, hospitals, shopping malls, parks, theaters, exhibition halls, sports fields or other public places, factors such as the nature of public places, the importance of public activities, the number of people in public places, the time of making troubles, the scope and degree of public places being affected should be considered.
Article 6 Whoever gathers people for more than three times to commit the crime of stirring up trouble and causes trouble, and fails to deal with it, shall be punished in accordance with the provisions of the second paragraph of Article 293 of the Criminal Law.
Article 7 Whoever commits an act of stirring up trouble meets the constitutive requirements of the crime of stirring up trouble, intentional homicide, intentional injury, intentional destruction of property, extortion and robbery. , should be convicted and punished according to the crime of heavier punishment.
Article 8 If an actor pleads guilty or repents, actively compensates the victim for losses or gains the victim's understanding, he may be given a lighter punishment; If the circumstances of the crime are minor, prosecution may not be instituted or criminal punishment may be exempted.