Two tall rethe best selling modern dining chairslease explanation of judicatory of case of criminal of conduction provoke affrayIntroduction] judicatory explanation is carried out since 22 days, regulation " beat up other to be sent at will, beat up mental person, disabled at will, cadge personnel, old young Fu child causes abominable effect, create public order of the case such as severe disorder, maintain for ' the clue is abominable ' . Maintain for ' the clue is abominable ' ..
People's Republic of China is highest people court People's Republic of China is highest people procuratorate announcement
" procuratorate of top people court,harrison hot spring weather fthe most popular selling norton internet antivirusorecast top people " already tried committee the 1579th times by top people court on May 27, 2013 the conference, on April 28, 2013 by top people procuratorate dozenth the 5th times the conference passes a procuratorial work committee, grant to announce now, apply since July 22, 2013.
Top people court is supreme people procuratorate
2 O13 year on July 15
To punish lawfully provoke affray commits a crime, uphold social order, basis " criminal law of People's Republic of China " concerned regulation, a certain number of issues that handle statute of comfortable use of case of provoke affray criminal now explain as follows:
The first behavior seeks stimulation artificially, abreact mood, flaunt one's superiority make fun of a horizontal stroke to wait, make trouble out of nothing, of the action that execharrison hot spring public poolutive criminal law sets the 293rd times, ought to maintain for " provoke affray " .
Because behavior person lives daily medium abiogenesis and contradictory dispute, unripe blame of find an excuse, of the action that executive criminal law sets the 293rd times, ought to maintain for " provoke affray " , but the except that contradictory department is caused intentionally by the injured party or the injured party has main responsibility to contradictory become acute. brass faucet
Behavior person because marriage love, the dispute such as family, neighborhood, debt, carry out beat up, abuse, threaten other perhaps is marred, take up of the behavior such as other property, do not maintain commonly for " provoke affray " , but after via concerning a section criticism checks or processing is punished, continue to carry out front row behavior, destroy the except of social order.
The 2nd hits another person at will, destroy social order, those who have one of following state, ought to maintain for criminal law the 29the most popular norton internet antivirus3rd the first of the first regulation " the clue is abominable " :
(One) send flesh wound of one person above or 2 people above is slight the; of the injury
(2) arouse another person the; of the serious consequence such as touched, suicide
(3) the; that hits another person at will for many times
(4) the; that holds lethal weapon to hit another person at will
(5) beat up mental person, disabled at will, roam about cadge personnel, old people, pregnant woman, minor, cause the; that abominable society affects
(6) in public hit another person at will, cause the; with public serious and confused order
(7) the case with other abominable scenario.
The 3rd angle, intercept, abuse, threaten other, destroy social order, have one of following state, ought to maintain for criminal law the 293rd the first of the 2nd regulation " thfree watch casee clue is abominable " :
(One) for many times angle, intercept, abuse, threaten other, cause the; that abominable society affects
(2) hold lethal weapon angle, intercept, abuse, threaten the; of other
(3) angle, intercept, abuse, threaten mental person, disabled, roam about cadge personnel, old people, pregnant woman, minor, cause the; that abominable society affects
(4) arouse another person the; of the serious consequence such as touched, suicide
(5) the work that affects another person badly, life, production, ; thwatch casesat manage
(6) the case with otherfree norton internet antivirus abominable scenario.
Thwatch case openere 4th take by force extortionary perhaps mar arbitrarily, take up state-private property, destroy social order, have one of following state, ought to maintain for criminal law the 293rd the first of the 3rd regulation " the clue is serious " :
(One) take value of extortionary and state-private property by force to be worth 1000 yuan of above, perhaps mar arbitrarily, the; that takes up state-private money prices is worth 2000 yuan of above
(2) take by force for many times extortionary perhaps mar arbitrarily, take up state-private property, cause the; that abominable society affects
(3) take by force extortionary perhaps mar arbitrarily, take up mental person, disabled, roam about cadge the property of personnel, old people, pregnant woman, minor, cause the; that abominable society affects
(4) arouse another person the; of the serious consequence such as touched, suicide
(5) the work that affects another person badly, life, production, ; that manage
(6) the case with other severe scenario.
The 5th is in station, dock, airport, hospital, bazaar, park, cinema, exhibition, playground is other perhaps public jeer make trouble, ought to the important rate according to public property, public activity, public number, jeer the time of make trouble, public tthe most popular watch caseshe element such as the limits that suffers an effect and degree, integrated judgement whether " create public order severe disorder " .
3 times above carries out other of the 6th get together provoke affray commits a crime, without processing, ought to the 293rd the 2nd regulation punishs according to criminal law.
The 7th carries out provoke affray behavior, accord with provoke affray blame and intended homicide, intended harm to destroy property blame, blackmail blame, loot blame blame, intentionally at the same time, rob the blame such as the blame those who make important document, the crime with according to more serious punishment convictions punishment.
Person of the 8th behavior admits his guilt, contrition, loss of active compensation the injured party perhaps obtains the injured party to forgive, clue of crime of; of OK and light punishment is slight, need not be sued or avoid grant criminal punishment.
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