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Whether there is a limitation of action for provocation

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Whether there is a limitation of action for provocation


        

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  • 2024-06-19 19:01:44

    There is a limitation of action. The maximum legal punishment for the crime of causing trouble is 10 years' imprisonment, and the limitation of prosecution is 15 years. In Article 87 of the Criminal Law, according to the sentencing standard for the crime of causing trouble in the Criminal Law, the maximum legal punishment for this crime is 5 years' imprisonment, which means that the limitation of prosecution for the crime of causing trouble is 10 years. The maximum legal punishment for the crime of causing trouble is 10 years' imprisonment, and the limitation of prosecution is 15 years.

    Legal basis:
    Article 87 of the Criminal Law

    [Limitation period for prosecution] The crime will not be prosecuted after the following periods:
    (1) Five years, if the maximum punishment prescribed is fixed-term imprisonment of less than five years;
    (2) 10 years, if the maximum punishment prescribed is fixed-term imprisonment of not less than five years but not more than 10 years;
    (3) Fifteen years, if the maximum punishment prescribed is fixed-term imprisonment of not less than 10 years;
    (4) If the maximum punishment prescribed is life imprisonment or death penalty, 20 years shall elapse. If it is deemed necessary to prosecute after 20 years, it shall be reported to the Supreme People's Procuratorate for approval.
    Article 293

    [Crime of provoking trouble] Whoever commits one of the following acts of provoking trouble and 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, to a flagrant extent;
    (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.

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