Talking loudly in public places infringes on the legitimate rights and interests of others. Whoever makes a loud noise in public places, if the circumstances are serious, disturbs public order and constitutes a crime, will violate the Criminal Law of People's Republic of China (PRC) and bear criminal responsibility. It is determined by laws, administrative regulations and rules and regulations of state organs, enterprises, institutions and social organizations. It mainly includes social management order, production order, work order, traffic order and public place order. Observing public order is one of the basic obligations of China citizens. Public security is related to people's quality of life and social civilization.
1. What is the crime of making trouble in the office?
Can be sentenced to the crime of stirring up trouble, refers to wanton provocation, beating and harassing others at will, or damaging or occupying public or private property at will, or making trouble in public places, seriously undermining social order. Its manifestations mainly include:
1, beating others at will, and the circumstances are bad.
Beating refers to the act of exercising tangible power over others and causing physical pain to others. In other words, beating is equivalent to atrocities in a narrow sense in foreign criminal laws. In other words, beating should directly exert tangible force on the human body.
2. Chasing, intercepting, insulting or intimidating others, and the circumstances are bad.
Those who chase, intercept or insult others, causing minor injuries or suicide, those who chase, intercept or insult others with a weapon, those who chase, intercept or insult others many times, and those who chase or intercept vulnerable groups such as the disabled and children, shall be deemed as having a bad plot.
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious;
Coercion is an act of forcibly obtaining other people's property against their will, which can be manifested as seizing property or forcing others to deliver property. Property should be interpreted broadly, that is, it includes property interests.
4. Gathering people to make trouble in public places, causing serious disorder in public places.
The judgment of whether the act of heckling and making trouble has caused serious public disorder should be based on all the specific circumstances when the act occurred. The nature of public places, the importance of public activities, the number of people entering public places, the time of trouble, the scope and degree of public activities affected, etc. , is an important material to judge whether the behavior caused serious confusion in public places.
Therefore, it can be seen from the constitutive requirements of the crime of stirring up trouble that the crime of stirring up trouble is a crime committed by one party, and the public security organs only punish the parties to the crime of stirring up trouble, but not the victims. Therefore, there is no need for both sides to arrest for the crime of provoking trouble.
Second, what are the relevant legal provisions of the crime of provoking trouble?
1. 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:
(1) Beating others at will, and the circumstances are bad;
(two) chasing, intercepting or insulting others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) gather in public places. Causing serious disorder in public places.
2. The harmfulness of cases of picking quarrels and causing troubles is mainly reflected in the harmful consequences, frequency, location, social impact and criminal targets. When sentencing, the benchmark punishment can be determined within the corresponding legal punishment range according to the harmful consequences, frequency, location, social impact and object of the crime.
(1) Picked up trouble, and the circumstances of the crime were average, causing no personal injury. Benchmark punishment is control and criminal detention; If a person is slightly injured, the benchmark punishment is one year's imprisonment.
(2) Under one of the four circumstances stipulated in Article 293 of the Criminal Law, for each additional item 1 or equivalent circumstances, the benchmark penalty will be increased by 6 months.
(3) If a person causes minor injuries by causing trouble, the benchmark punishment should be two years' imprisonment; For every additional 1 person with minor injuries, the benchmark punishment will be increased by six months to one year.
(4) If the amount of loss of public or private property caused by affray reaches 2,000 yuan, the benchmark punishment shall be one year's imprisonment; For each additional 500 yuan, the benchmark liquidated damages will be increased by one month.
3. Under any of the following circumstances, the benchmark penalty 10%-30% may be increased:
(1) The targets of crimes are the disabled, the elderly, 14 minors and pregnant women;
(two) damage to disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other funds and materials;
(3) Threatening or threatening by means of self-mutilation or suicide;
(4) in schools, hospitals and other crowded places, enough to cause serious stampede accidents.
The behavior of picking quarrels and provoking troubles mainly includes beating others at will, threatening others at will, destroying others' property at will, and causing social disorder in public places, all of which constitute the crime of picking quarrels and provoking troubles and need to be punished according to Chinese laws.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: People's Republic of China (PRC) Public Security Administration Punishment Law.
Article 2 Whoever disturbs public order, endangers public safety, infringes upon personal rights and property rights, and hinders social management, which is harmful to society and constitutes a crime according to regulations, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.
Twenty-third one of the following acts, a warning or a fine in 200 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan:
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;
(2) disturbing the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;
(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;
(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;
(5) disturbing the election order conducted according to law.
If people gather to commit the acts mentioned in the preceding paragraph, the ringleaders shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.