How to deal with affray cases?
Judicial interpretation of the crime of stirring up trouble;
In order to punish the crime of stirring up trouble according to law and maintain social order, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC), some issues concerning the application of law in handling criminal cases of stirring up trouble are explained as follows:
Article 1 The actor creates troubles by seeking excitement, venting emotions, bravado, etc. Whoever commits the acts specified in Article 293 of the Criminal Law shall be deemed as "the crime of stirring up trouble". If the actor commits the acts specified in Article 293 of the Criminal Law due to occasional contradictions and disputes in daily life, it shall be deemed as "seeking trouble", except that the contradiction is intentionally caused by the victim or the victim is mainly responsible for the intensification of the contradiction. Where an actor commits acts such as beating, insulting, threatening others or damaging or encroaching on others' property due to disputes over marriage, family, neighborhood or debt, it is generally not recognized as "stirring up trouble", but after being criticized and stopped by the relevant departments or punished, he continues to carry out frontier acts, except for disturbing social order.
Article 2 Beating others at will and disturbing social order.
Article 3 Whoever chases, intercepts, insults or intimidates others and disturbs social order.
Fourth looting or arbitrary damage, occupation of public and private property, disrupting social order.
Article 5. When making troubles in stations, docks, airports, hospitals, shopping malls, parks, theaters, exhibition halls, sports fields or other public places, factors such as the nature of public places, the importance of public activities, the number of people in public places, the time of making troubles, the scope and degree of public places being affected should be considered.
Article 6 Whoever gathers people for more than three times to commit the crime of stirring up trouble and has not yet dealt with it shall be punished in accordance with the provisions of the second paragraph of Article 293 of the Criminal Law.
Article 7 Whoever commits an act of stirring up trouble meets the constitutive requirements of the crime of stirring up trouble, intentional homicide, intentional injury, intentional destruction of property, extortion and robbery. , should be convicted and punished according to the crime of heavier punishment.
Article 8 If an actor pleads guilty or repents, actively compensates the victim for losses or gains the victim's understanding, he may be given a lighter punishment; If the circumstances of the crime are minor, prosecution may not be instituted or criminal punishment may be exempted.
The crime of stirring up trouble only constitutes a crime if the behavior is bad, the circumstances are serious or the order in public places is seriously chaotic. If the circumstances are minor and the harm is not great, it will not be punished as this crime.
legal ground
Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social 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.