1、 If more than three people To provoke trouble How long is the sentence?
If the three persons jointly make provocation and trouble making behavior, which constitutes a crime, they should be distinguished principal 、 accessory And then sentenced according to the circumstances of the crime. Organizing or leading criminal groups to carry out criminal activities or Complicity The principal offender plays a major role in the crime. A relatively fixed criminal organization composed of three or more persons for the purpose of jointly committing a crime is a criminal group. The ringleaders who organize and lead criminal groups shall be punished according to all the crimes committed by the groups.
《 criminal law 》Article 293
Whoever commits one of the following acts of provocation and trouble making, thus disrupting social order, shall be sentenced to less than five years fixed-term imprisonment 、 criminal detention perhaps control :
(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 sentenced to fine 。
2、 Belligerent Constitution of crime What's it like?
Crime of provoking trouble "" "refers to wanton provocation, beating or harassing others at will, or arbitrarily damaging or occupying public or private property, or making trouble in public places." ". Acts that seriously undermine social order.
The constitutive elements of the crime of causing trouble include:
(1) The Subject Elements of the Crime of Causing Riots
The subject of this crime is a general subject, and any natural person who has reached the age of 16 and is capable of criminal responsibility can constitute this crime.
(2) Subjective Elements of the Crime of Causing Aggression
This crime can only be constituted by intention subjectively. Namely, they defy the national laws and social ethics. Its motive is to seek spiritual stimulation and fill the spiritual void through provocative activities.
(3) The Object Elements of the Crime of Causing Riots
The object of this crime is public order. The so-called public order includes the order of public places and the common norms that people should abide by in life.
(4) Objective Elements of the Crime of Causing Aggression
The objective behavior of the crime of provocation and trouble making is specified as follows:
1. Beating others at will and the circumstances are abominable
2. Chasing, intercepting or abusing others to a flagrant extent
3. Taking or demanding or arbitrarily damaging or occupying public or private property, and the circumstances are serious
4. Causing chaos in public places
The act of provocation and trouble making is prohibited by law, and there are many circumstances of joint crime in the crime of provocation and trouble making. If more than two criminals jointly committed the act of provocation and trouble making and reached the crime of provocation and trouble making Filing a case At this time, the people's court needs to distinguish between the principal and accessory in the joint crime, and convict and punish them respectively.
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