Tianshui Lawyer

Because there is no such charge in the current criminal law, there is no problem of sentencing. The simple act of intimidation did not constitute a crime before the Criminal Law Amendment (VIII), but after the Criminal Law Amendment (VIII), the content of intimidation was added to the content of provocation:

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 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.

Article 292 of the Criminal Law

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; 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 214 of the Criminal Law

Whoever knowingly sells goods that are counterfeit registered trademarks, if the amount of money he sells is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount of sales is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 214 of the Criminal Law

Whoever knowingly sells goods with counterfeit registered trademarks, if the amount of illegal gains is relatively large, or if there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal gains is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

According to the law, the maximum time for the people's court, the people's procuratorate and the public security organ to obtain a guarantor pending trial for a criminal suspect or defendant shall not exceed 12 months. How long it will take to obtain a guarantor pending trial to be lifted depends on the case, but the maximum length shall not exceed 12 months. During the second instance of the people's court, if the period of custody of the criminal suspect has exceeded the fixed-term imprisonment imposed by the court of first instance, it shall also apply to obtaining a guarantor pending trial. Criminal suspects, their legal representatives and close relatives may also apply for obtaining a guarantor pending trial.