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How long is the minimum sentence for the crime of causing trouble

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How long is the minimum sentence for the crime of causing trouble


        

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  • 2024-06-14 13:01:02

    The crime of provoking trouble shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, with the minimum being criminal detention (not less than one month but not more than six months). The provocation caused three minor injuries and one minor injury. If the victim voluntarily surrendered and actively compensated, the court will reduce the punishment as appropriate when sentencing. The specific reduction is determined by the court according to the circumstances. The law does not specify how much can be reduced. In accordance with Article 67 [Voluntary surrender] of the Criminal Law of the People's Republic of China, a person who voluntarily surrenders after committing a crime and truthfully confesses his crime is voluntary surrender. Criminals who voluntarily surrender may be given a lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment. If a criminal suspect, defendant or criminal serving a sentence who has been subjected to compulsory measures truthfully confesses his other crimes that the judicial organ has not yet mastered, he shall be deemed to have surrendered himself. A criminal suspect who does not have the circumstances of voluntary surrender specified in the preceding two paragraphs but truthfully confesses his crime may be given a lighter punishment; If he truthfully confesses his crime and avoids particularly serious consequences, he may be given a mitigated punishment. Article 293 Whoever commits one of the following acts of provoking trouble, thus disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: (1) beating another person 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. What should we do if the circumstances are bad? According to Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Causing Riots, beating others at will and disrupting social order shall be deemed as the "abominable circumstances" specified in Item 1 of Paragraph 1 of Article 293 of the Criminal Law in one 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. The above is the legal knowledge about how long the minimum sentence for the crime of provoking trouble should be. Have you learned it?

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    2024-06-14 13:01:02

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