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The difference between the crime of provoking trouble and the crime of intentional injury (which is more serious)

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The difference between the crime of provoking trouble and the crime of intentional injury (which is more serious)


        

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  • 2024-06-10 10:01:43

    From the perspective of the statutory maximum punishment, the crime of intentional injury is obviously more serious than the crime of provoking trouble. However, from the threshold of crime, the crime of provocation and trouble making is obviously more serious than the crime of intentional injury. Only those who intentionally hurt others' bodies and cause minor injuries constitute the crime of intentional injury and are sentenced to fixed-term imprisonment, detention or public surveillance of not more than three years.

    Is the crime of provocation more serious than the crime of intentional injury

    Whoever intentionally harms another person's body to cause minor injury shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;

    If serious injury is caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years;

    Whoever causes death or serious injury by special cruel means and causes serious disability shall be sentenced to more than 10 years of fixed-term imprisonment, life imprisonment or death.

    It can be seen that the maximum legal punishment for intentional injury is the death penalty.

    Whoever commits the crime of provoking trouble shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance;

    Whoever repeatedly gathers others to make trouble, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

    It can be seen that the maximum legal punishment for the crime of causing trouble is 10 years' imprisonment.

    From the perspective of the statutory maximum punishment, the crime of intentional injury is obviously more serious than the crime of provoking trouble.

    However, from the threshold of crime, the crime of provocation and trouble making is obviously more serious than the crime of intentional injury. Only those who intentionally hurt others' bodies and cause minor injuries constitute the crime of intentional injury and are sentenced to fixed-term imprisonment, detention or public surveillance of not more than three years.

    And beating others at will, as long as it causes minor injuries, constitutes the crime of provoking trouble.

    If anyone beats another person at will for many times or carries a lethal weapon to beat another person at will, even if no physical injury is caused, it will also constitute a crime of provocation and stir up trouble, and he will be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

    It can be seen that it is of no practical significance to study which is the more serious crime of provocation or intentional injury from the perspective of theory and law. It is also necessary to study the specific criminal facts of each case in order to draw a meaningful conclusion.

    How long is the sentence for the crime of intentional injury

    According to Article 293 of the Criminal Law, anyone who commits one of the following acts of provocation and trouble making, thus disrupting public 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.

    According to Article 234 of the Criminal Law, whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

    Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years;

    Whoever causes death or serious injury to another person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

    Where this Law provides otherwise, such provisions shall prevail.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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