First, how to judge the general provocation crime?
1, making trouble is judged according to the following criteria:
(1) Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance;
(2) Whoever gathers people to make trouble for many times and seriously disrupts 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.
2. Legal basis:
Article 293 of the Criminal Code of People's Republic of China (PRC).
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:
(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;
(4) 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.
Second, how to identify the crime of provocation?
According to the provisions of the criminal law, the crime of stirring up trouble only constitutes a crime if the behavior is bad, the circumstances are serious or it causes serious confusion in public places. For acts that are minor and harmless, they can only be punished according to general illegal acts. When judging whether the actor's behavior is serious, we should analyze it from the following aspects:
1, behavior method. When determining whether the circumstances are serious, we should examine whether the perpetrator used violence, threats and other means, and whether he adopted an open and organized way.
2, the behavior of the direct harm results and indirect adverse consequences. The result of direct harm is that the actor directly harms the society. Indirect adverse consequences refer to the adverse effects or indirect damage caused by behavior to society. Whether the perpetrator led the victim to commit suicide, whether it caused great losses to public and private property, and whether it caused serious disorder in public places. , is an important factor in determining whether the plot is serious.
3. Time and place of the act. The same behavior is carried out in different time and place, and the social impact is different. Of course, making trouble in public places during the day is more harmful than making trouble in the wild at night.
The actor's consistent performance. The consistent performance of the actor shows the subjective viciousness of the actor and determines the difficulty for the actor to accept the reform. It is also an important aspect to determine whether the circumstances are serious or not.
3. What are the common situations of the crime of provoking trouble?
(a) beating others at will, and the circumstances are bad.
Beating others at will refers to beating people you know or don't know for no reason because of unhealthy motives such as playing down a peg or two and having fun. The "bad plot" here refers to the cruel way of beating others at will and beating others at will many times; Causing the beaten person to commit suicide and other serious consequences.
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad.
Chasing, intercepting, insulting and intimidating others refers to chasing, intercepting, insulting, intimidating others for no reason with unhealthy motives such as having fun and seeking spiritual stimulation, which is mostly manifested in chasing, intercepting and insulting women. The "bad plot" here mainly refers to people who constantly chase, intercept, abuse and intimidate others; Causing bad influence or arousing public anger; Cause other consequences and so on. It should be pointed out that if the perpetrator uses violence, coercion or other methods to force lewdness and humiliation of women, it constitutes the crime of forced lewdness and humiliation of women.
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious.
Extortion or arbitrary destruction or occupation of public or private property refers to extortion of commodities in markets and shops and other people's property by unreasonable hooliganism, or arbitrary destruction or occupation of public or private property. Serious circumstances here refer to forcibly seizing or arbitrarily damaging or occupying a large number of public and private property; Causing adverse effects; Repeatedly extorting money or arbitrarily damaging or encroaching on public or private property; Causing serious losses to public and private property and so on.
(four) in public places, causing serious disorder in public places.
Making trouble in public places refers to the act of making trouble in public places and disturbing the order of public places because of unhealthy motives such as having fun and seeking spiritual stimulation. Refers to the serious chaos in which the normal order of public places is destroyed, causing people to panic and flee.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 293 of the Criminal Law of People's Republic of China (PRC).
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:
(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;
(4) 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.