Lawyers' defense of the crime of stirring up trouble is not necessarily useful, but it is necessary. If a person is criminally arrested, his family and friends can't see him in person. Only lawyers can go to the detention center to see him. They should ask a lawyer to meet him in time, interview him, understand the case, determine whether it is lighter or mitigated, and whether it meets the charges. Strive for a lighter punishment and safeguard your 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. Article 293 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance if it commits one of the following acts:
(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.
2. In order to punish the crime of affray according to law and maintain social order, 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:
first
If the actor makes much ado about nothing in order to seek excitement, vent his emotions, try to be brave, play tricks, etc. The act stipulated 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.
second
Beating others at will and disturbing social order, in any of the following circumstances, shall be deemed as "bad circumstances" as stipulated in the first paragraph of Article 293rd 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.
essay
Chasing, intercepting, insulting or intimidating others, disturbing social order, in 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
In railway stations, docks, airports, hospitals, shopping malls, parks, theaters, exhibitions, 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 public places, the scope and degree of public places being affected should be comprehensively considered.
Article 6
Whoever gathers people for more than three times to commit the crime of stirring up trouble and causing trouble without handling it shall be punished in accordance with the provisions of the second paragraph of Article 293 of the Criminal Law.
Article 7
Whoever commits the act of stirring up trouble meets the constitutive requirements of the crime of stirring up trouble and intentional homicide, intentional injury, intentional destruction of property, extortion, robbery and other crimes. , should be convicted and punished according to the crime of heavier punishment.
Article 8
If the actor pleads guilty, 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.
Normal fighting or trouble-making can be solved as long as it does not cause serious consequences of mediation and reconciliation, but if it involves trouble-making that harms the people and society, it may be criminally dealt with, and it will certainly be of great help for the parties to hire lawyers to defend themselves when facing prosecutors. At least the professional level of lawyers can protect the rights and interests of criminals.
Extended reading:
Definition of intentional injury crime and provocation crime
What is the maximum sentence for the crime of stirring up trouble?
What are the conditions for obtaining bail pending trial for the crime of stirring up trouble?