The crime of stirring up trouble refers to the act of creating troubles in public places, causing serious disorder in public places, chasing, intercepting, insulting and intimidating others, extorting or arbitrarily damaging or occupying public and private property, undermining social order, and the circumstances are serious.
Extended data:
First of all, the criminal law defines the objective manifestations of the crime of stirring up trouble as four types:
1, beating others at will, and the circumstances are bad;
2. Chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious;
4. Gathering people to make trouble in public places, causing serious disorder in public places.
Second, a typical case: Ke Wen's evil gang: intentional homicide, trouble-making, etc. Dominate one side.
Ke Wen, a habitual criminal who kicked the police to death, was sentenced to death for intentional homicide, but neither the people of China nor the Supreme People's Court approved it. This case is a typical black and evil criminal case supervised by the Public Security Department of Heilongjiang Province and notified by the whole province.
At about 2010 65438+1October 3 1 20, Wang Song Garden and others beat Ma to death in KTV, No.28 Xinjiang Street, Pingfang District, Harbin, because of an altercation with the victim Ma.
At the same time, it was found that Ke Wen and others were released from prison or unemployed. Since February 2008, they have gathered together and illegally purchased controlled knives, pickaxes and other weapons for the purpose of illegally enriching money and dominating one side.
A series of illegal and criminal activities were carried out in the bungalow area, suspected of intentional homicide, provocation, obstruction of official duties and intentional injury. 20 10 On September 20th, the court found that five people, including Ke Wen, had been released from prison and committed crimes again.
This time, the policeman was killed and there were other crimes. Combined punishment for several crimes. The defendant Ke Wen was sentenced to death and deprived of political rights for life for the crimes of intentional homicide, provocation and intentional injury. The original judgment of the death penalty was upheld in the second instance and reported to the Supreme Court for approval.
In the review stage of the Supreme People's Court's death penalty, Ke Wen's family entrusted lawyer Xie Tongxiang to defend, and the Supreme People's Court adopted many defense opinions put forward by lawyer Xie Tongxiang in favor of Ke Wen.
On August 2, 20 13, People's Republic of China (PRC) the Supreme People's Court (20 13)No. 19600769 was issued, which revoked the crime of intentional homicide of Ke Wen kicking the police to death, and sentenced him to death, which was executed immediately.
The Heilongjiang Provincial High Court (20 12) ruled that Ke Wen's death sentence would not be executed. The court commuted Ke Wen's death sentence with a two-year suspension.
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