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How many years can a hooligan be sentenced to

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How many years can a hooligan be sentenced to


        

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  • 2024-06-18 05:00:59

    At present, the crime of hooliganism has been abolished in China.

    There is no provision for the crime of hooliganism in relevant laws. The crime of hooliganism is divided into four crimes, namely, compulsory indecency, insulting women, mob fighting, mob lewdness and provocation, and the sentence is as follows:

    1. Whoever acts indecently against another person or insults a woman by violence, coercion or other forced means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention;

    2. If people are gathered to fight, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance

    3. If people are gathered to engage in licentious activities, the ringleaders or those who repeatedly participate in such activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance;

    4. Whoever sabotages public order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

    1、 The following acts constitute compulsory indecency:

    1. Violence, violence against the person of the murdered woman by beating, binding, gagging, choking, pressing down and other violent methods that infringe upon personal safety or personal freedom;

    2. Coercion: to impose mental coercion on the victim by means of threats, intimidation, etc., so that the victim cannot resist;

    3. Other means, means other than violence and coercion, that make others unable to resist and do not know how to resist.

    2、 The constitutive elements of the crime of affray are as follows:

    1. The object of the crime of affray is public order;

    2. In the objective aspect, the objective aspect of the crime of affray is the behavior of gathering people to fight together;

    3. Subjective aspect: intentional crime;

    4. The subject element is a general subject, which refers to any natural person who has reached the age of 16 and has the capacity for criminal responsibility.

    In general, the crime of hooliganism is no longer a crime in the country. It has been broken down into affray, provocation, insulting women or other hooliganism activities, which are corrosive and diffusive and belong to the scope of key attacks.

    Legal basis

    Article 237 of the Criminal Law of the People's Republic of China [Crime of Compulsory Indecency and Insult] Whoever forcibly desecrates another person or insults a woman by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
    Whoever gathers a crowd or commits the crime mentioned in the preceding paragraph in public in a public place, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
    [Crime of indecency against children] Whoever acts indecently against children shall be sentenced to fixed-term imprisonment of not more than five years; Whoever falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than five years:
    (1) Indecent to more than one child or repeatedly;
    (2) Gather people to molest children, or molest children in public in public places, to a flagrant extent;
    (3) Causing child injury or other serious consequences;
    (4) The means of indecency are abominable or there are other abominable circumstances.

    Article 292 of the Criminal Law of the People's Republic of China [Crime of affray] Where people gather to affray, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Under any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years:
    (1) Gathering people to fight for many times;
    (2) The number of people gathered to fight is large, the scale is large, and the social impact is bad;
    (3) Gathering people to fight in a public place or on an important traffic road, causing serious disorder of social order;
    (4) Gathering people to fight with weapons.
    Whoever gathers people to fight and causes serious injury or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.

    Article 293 of the Criminal Law of the People's Republic of China [Crime of provoking trouble] Whoever commits one of the following acts of provoking trouble, 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, 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.

    Article 301 of the Criminal Law of the People's Republic of China [Crime of Gathering a Crowd to Commit Prostitution] Where a person gathers a crowd to engage in promiscuous activities, the ringleaders or those who repeatedly participate in such activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
    [Crime of Inducing Minors to Gather a Crowd for Sexual Disorder] Whoever lures minors to participate in mass sexual disorderly activities shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

    Yes***

    2024-06-18 05:00:59

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