The punishment standard of making trouble after drinking.

The punishment standard for picking fights after drinking is clearly stipulated in the law, and the specific circumstances determine the severity of the punishment, including fighting, chasing, forcibly taking things, destroying property and so on. Judicial interpretation further stipulates the standard of bad circumstances. Generally speaking, making trouble after drinking does not constitute the crime of stirring up trouble, and criminal responsibility will only be investigated if the circumstances are particularly serious. The most severe sentencing standard is a fixed-term imprisonment of more than 5 years and less than 10 years, and you need to bear the liability for compensation.

First, how is the punishment standard for drunkenness and trouble?

Public security administration punishment law

Article 26 Whoever commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:

Gang fighting;

(2) Chasing or intercepting others;

(three) extortion or arbitrary damage, embezzlement of public or private property;

(4) Other provocative acts.

Second, what is the sentencing standard for the crime of provocation?

Criminal law of the people's Republic of China

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.

Three, what are the provisions of the judicial interpretation of the crime of stirring up trouble?

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray.

Rule number one. There are acts such as venting emotions and trying to be brave as stipulated in Article 293 of the Criminal Law. , much ado about nothing, should be regarded as "trouble".

An actor who commits an act stipulated in Article 293 of the Criminal Law due to occasional contradictions and disputes in daily life, unless 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 Whoever beats others at will and disturbs social order in any of the following circumstances shall be deemed as "bad circumstances" as stipulated in Item 1, Paragraph 1, Article 293 of the Criminal Law:

(1) Causing one or more minor injuries or two or more minor injuries;

(2) Causing serious consequences such as mental disorder and suicide of others;

(3) repeatedly beating others at will;

(4) beating others at will with a murder weapon;

(five) beating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors at will, causing adverse social impact;

(six) beating others at will in public places, causing serious disorder in public places;

(seven) other vile circumstances.

Article 3 Whoever chases, intercepts, insults or intimidates others and disturbs social order under any of the following circumstances shall be deemed as "bad circumstances" as stipulated in Item 2, Paragraph 1, Article 293 of the Criminal Law:

(1) Chasing, intercepting, abusing or intimidating others for many times, resulting in adverse social impact;

(2) Chasing, intercepting, abusing or intimidating others with a murder weapon;

(3) Chasing, intercepting, abusing or intimidating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, thus causing adverse social impact;

(4) Causing serious consequences such as mental disorder and suicide of others;

(five) seriously affect the work, life, production and operation of others;

(six) other vile circumstances.

Article 4 Whoever extorts money or arbitrarily damages or occupies public or private property and disturbs social order shall be deemed as "serious" as stipulated in Item 3, Paragraph 1, Article 293 of the Criminal Law:

(1) extorting public or private property worth more than 1,000 yuan, or arbitrarily damaging or encroaching on public or private property worth more than 2,000 yuan;

(two) repeated extortion or arbitrary damage, occupation of public and private property, resulting in adverse social impact;

(three) extortion or arbitrary destruction, occupation of mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, resulting in adverse social impact;

(4) Causing serious consequences such as mental disorder and suicide of others;

(five) seriously affect the work, life, production and operation of others;

(six) other serious circumstances.

Article 5

In railway stations, docks, airports, hospitals, shopping malls, parks, theaters, exhibitions, 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 public places, the scope and degree of public places being affected should be comprehensively considered.

Article 6 Whoever gathers people for more than three times to commit the crime of stirring up trouble and not handling it shall be punished in accordance with the provisions of the second paragraph of Article 293 of the Criminal Law.

Article 7

Whoever commits the act of stirring up trouble meets the constitutive requirements of the crime of stirring up trouble and intentional homicide, intentional injury, intentional destruction of property, extortion, robbery and other crimes. , 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.

Generally speaking, making trouble after drinking does not constitute the crime of stirring up trouble, and criminal responsibility should be investigated only if the circumstances of stirring up trouble are particularly serious. For the crime of stirring up trouble, the heaviest punishment standard stipulated by law is fixed-term imprisonment of not less than 5 years 10 years, and the criminal suspect should be liable for compensation to the victim.

Drunk driving and making trouble after drinking are two different illegal acts, and there are certain differences in legal punishment. Drunk driving refers to driving a motor vehicle after drinking alcohol, which seriously endangers road traffic safety and is therefore severely punished by law. According to relevant laws and regulations, drunk drivers may face penalties such as revocation of driving license, fine, detention and even criminal punishment.

And trouble after drinking refers to trouble after drinking, disturbing social order and interfering with the normal life of others. Drunk troublemakers may face administrative detention, fines, public security penalties and other penalties according to relevant laws and regulations.

Although drunk driving and picking fights after drinking are illegal acts, due to their different nature and harm, they also have different legal penalties. This difference is to better maintain social order and road traffic safety. Therefore, we need to strengthen the supervision and punishment of these two illegal acts to protect the public's safety and interests.

Legal basis:

People's Republic of China (PRC) criminal law:

The second part specifies that

Chapter II Crimes of Endangering Public Transport Safety Article 133 bis Whoever uses violence or robs the driver's driving control device of a moving public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined. If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.