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Under what conditions does it constitute a crime of intimidation?

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Under what conditions does it constitute a crime of intimidation?


        

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  • 2024-06-14 17:00:01

    Under what conditions does it constitute a crime of intimidation?
    There is no crime of intimidation in our criminal law, but article 293 of the criminal law includes intimidation in the category of criminal punishment, and the corresponding crime is the crime of provocation. According to Article 293 of the Criminal Law, anyone who 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: (2) chasing, intercepting, abusing or intimidating others, the circumstances being flagrant. The conditions for intimidation to violate the criminal law are as follows: according to the provisions 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 Aggression, intimidation of others, with adverse circumstances, includes the following: (1) repeatedly intimidating others, causing adverse social impact; (2) Holding a lethal weapon to intimidate others; (3) Intimidating mental patients, disabled persons, 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. According to Article 293 of the Criminal Law [Crime of Causing Riots], anyone who commits one of the following acts of causing provocations 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, 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. Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Dealing with Criminal Cases of Causing Riots: Chasing, intercepting, abusing, intimidating others, disrupting social order, and having one of the following circumstances, shall be deemed as "the circumstances are abominable" as stipulated in Item 2, Paragraph 1, Article 293 of the Criminal Law: (1) Repeated chasing, intercepting, abusing Intimidating others, 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.

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    2024-06-14 17:00:01

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