1. Those who stir up trouble and cause no harm shall be put under control; If the application of public surveillance punishment is not enough to reflect the value of punishment, it is criminal detention punishment. Fixed-term imprisonment of not more than five years (the maximum term of imprisonment is five years). If the reference point of the statutory benchmark punishment is in one of the four situations stipulated in Article 293 of the Criminal Law, if it causes minor injuries by causing troubles, it shall be sentenced to fixed-term imprisonment of not more than six months; For each additional conviction, the sentence will be increased by one year; Every time there is an increase in the number of unconvicted cases or the same situation is increased twice, the sentence will be increased by six months. Whoever causes minor injuries by picking fights shall be sentenced to fixed-term imprisonment of one year and six months, and the term of imprisonment shall be increased by six months to one year for each additional minor injury; For each minor injury, the sentence is increased by two months. Whoever seizes other people's property or arbitrarily damages or misappropriates public or private property will be sentenced to one month for each additional 200 yuan. Making trouble in public places, organs and other enterprises and institutions by threats or threats such as self-mutilation or suicide. , causing serious social disorder or adverse effects, shall be sentenced to fixed-term imprisonment of two years and six months. When sentencing a case according to the provisions of this section, the collegial panel (sole court) may exercise its discretion within six months after considering the comprehensive sentencing factors such as personal danger and social harm. Probation is not applicable under any of the following circumstances: (1) Having been punished for disturbing social management order; (2) Having three or more situations as stipulated in Article 293rd of the Criminal Law; (three) the loss of public property amounted to more than 50 thousand yuan without compensation and caused serious social impact; (four) causing minor injuries to more than two people. Sentencing standard for the crime of stirring up trouble Publisher: admin Article Source: This website was published on May 22, 2009. The reference point of criminal detention and public surveillance legal benchmark punishment in Zhu Jun is to find trouble, and if the circumstances are general and no harm is caused, it is public surveillance punishment; If the application of public surveillance punishment is not enough to reflect the value of punishment, it is criminal detention punishment. If the reference point of the statutory benchmark punishment for fixed-term imprisonment of not more than five years is in one of the four situations stipulated in Article 293 of the Criminal Law, it shall be fixed-term imprisonment of not more than six months; For each additional conviction, the sentence will be increased by one year; Every time there is an increase in the number of unconvicted cases or the same situation is increased twice, the sentence will be increased by six months. Whoever causes minor injuries by picking fights shall be sentenced to fixed-term imprisonment of one year and six months, and the term of imprisonment shall be increased by six months to one year for each additional minor injury; For each minor injury, the sentence is increased by two months. Whoever seizes other people's property or arbitrarily damages or misappropriates public or private property will be sentenced to one month for each additional 200 yuan. Making trouble in public places, organs and other enterprises and institutions by threats or threats such as self-mutilation or suicide. , causing serious social disorder or adverse effects, shall be sentenced to fixed-term imprisonment of two years and six months. When sentencing a case according to the provisions of this section, the collegial panel (sole court) may exercise its discretion within six months after considering the comprehensive sentencing factors such as personal danger and social harm. Probation is not applicable under any of the following circumstances: (1) Having been punished for disturbing social management order; (2) Having three or more situations as stipulated in Article 293rd of the Criminal Law; (three) the loss of public property amounted to more than 50 thousand yuan without compensation and caused serious social impact; (four) causing minor injuries to more than two people. 2. The court will not appoint a lawyer for this case, and the case of appointing a lawyer does not apply to this case. Legal aid refers to a legal guarantee system in which legal aid agencies set up by the government organize legal aid personnel to provide legal services to the parties in financial difficulties or special cases. Special case means that according to Article 34 of the Criminal Procedure Law of People's Republic of China (PRC), the defendant in a criminal case is blind, deaf or dumb, or the minor has not entrusted a defender, or the defendant may be sentenced to death without entrusting a defender, and should receive legal aid. Generally speaking, hiring a lawyer can protect your rights and interests to the greatest extent, and can excuse you to the greatest extent. I suggest hiring a better lawyer. What I want to say about hidden rules is that instead of thinking about unrealistic hidden rules, it is better to work hard on the victims. Generally speaking, the court will also consider the opinions of the victims. You should appease the injured party and make compensation. In addition, try to cooperate with the judiciary, and the court will reduce the sentence as appropriate according to the performance.
Legal objectivity:
Article 42 of the Criminal Law of People's Republic of China (PRC) stipulates that the term of criminal detention is from one month to six months. Article 293 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts: (1) beating others at will, if 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.