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Drinking and fighting is judged as provoking trouble by the police. Will the court also be judged as provoking trouble by then?

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Drinking and fighting is judged as provoking trouble by the police. Will the court also be judged as provoking trouble by then?


        

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  • 2024-06-14 17:00:00

    Drinking and fighting is judged as provoking trouble by the police. Will the court also be judged as provoking trouble by then?
    Conviction and sentencing shall be determined by the people's court in accordance with its judicial power. Whether the people's court convicts and punishes the crime of causing trouble shall be verified by itself according to the judgment of the people's court. According to Article 5 of the Criminal Procedure Law, the people's courts independently exercise judicial power in accordance with the law, and the people's procuratorates independently exercise procuratorial power in accordance with the law, free from interference by administrative organs, social organizations and individuals. According to Article 293 of the Criminal Law, anyone who commits one of the following acts of provocation and trouble making, thus 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, the circumstances being flagrant; (2) Chasing, intercepting, abusing or intimidating others to a flagrant extent; (3) Forcibly taking or demanding or arbitrarily damaging or occupying public or private property, the circumstances being serious; (4) Making troubles in public places, causing serious disorder in public places. Whoever gathers others to commit the acts mentioned in the preceding paragraph for many times, thus seriously disrupting public 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. In addition, in order to punish the crime of provoking trouble and maintain social order according to the law, according to the relevant provisions of the Criminal Law of the People's Republic of China, the following explanations are given on several issues concerning the application of law in dealing with the criminal cases of provoking trouble: Article 1 Where an actor commits an act specified in Article 293 of the Criminal Law for the purpose of seeking stimulation, venting his emotions, playing roughshod over, etc, It should be identified as "provoking provocations and causing trouble". The perpetrator who, because of an occasional contradiction or dispute in daily life, borrows an excuse to make trouble and implements the act specified in Article 293 of the Criminal Law, shall be identified as "provoking trouble", except that the contradiction is deliberately caused by the victim or the victim is mainly responsible for the intensification of the contradiction. The perpetrator who, due to marriage, family, neighborhood, debt and other disputes, beats, insults, intimidates others or damages or occupies others' property is generally not considered as "provoking trouble", but continues to commit the preceding acts after being criticized, stopped or punished by the relevant departments, except for those who undermine social order. Article 2 Anyone who beats another person at will and destroys social order shall be deemed as having a "flagrant circumstance" as stipulated in Item 1 of Paragraph 1 of Article 293 of the Criminal Law in any of the following circumstances: (1) causing one or more minor injuries or two or more minor injuries; (2) Causing other people's mental disorder, suicide and other serious consequences; (3) Repeatedly beating others at will; (4) Beating another person at will with a lethal weapon; (5) Beating the mentally ill, the disabled, the vagrants and beggars, the elderly, pregnant women and minors at will, causing adverse social impact; (6) Beating others at will in public places, causing serious disorder in public places; (7) Other serious circumstances. Article 3 A person who pursues, intercepts, insults or intimidates another person and destroys social order shall be deemed as having a "flagrant circumstance" as stipulated in Item 2, Paragraph 1, Article 293 of the Criminal Law if he: (1) repeatedly pursues, intercepts, insults or intimidates another person, causing adverse social impact; (2) Chasing, intercepting, abusing or intimidating others with lethal weapons; (3) Chasing, intercepting, abusing or intimidating the mentally ill, the disabled, vagrants and beggars, the elderly, pregnant women and minors, causing adverse social impact; (4) Causing other people's mental disorder, suicide and other serious consequences; (5) Seriously affecting the work, life, production and business operation of others; (6) Other serious circumstances.

    Han***

    2024-06-14 17:00:00

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