Supreme People's Court, Supreme People's Procuratorate on criminal cases disturb the interpretation of the law applicable to certain issues

Date:2012年12月20日 15:31

" Supreme People's Court , Supreme People's Procuratorate on criminal cases trouble interpreting the law applicable to certain issues," was May 27, 2013 by the first 1579 meeting of the Judicial Committee of the Supreme People's Court , April 28, 2013 by the Supreme People 's Procuratorate 5th meeting of the Twelfth prosecutorial Council , is hereby promulgated and shall be from July 22, 2013 .

Supreme People's Court Supreme People's Procuratorate

July 15, 2013

To punish affray crime and maintaining social order , according to the relevant provisions of the "Criminal Law " , several issues disturb criminal cases handled by applicable law , will now be explained as follows :

The first human thrill-seeking behavior , to vent their emotions , playing overexert cross , etc., much ado about nothing , deemed to have committed ninety-three implement provisions of the act , it should be identified as " trouble ."

Perpetrator because everyday occasional disputes, non- excuse students , deemed to have committed ninety-three implement provisions of the act , it should be identified as " trouble ", but the victim intentionally caused by the contradiction Department victim to the intensification of conflicts or negative have primary responsibility is excluded.

Perpetrator because of marriage , family, neighborhood , debt disputes, beating , verbal abuse , intimidation or damage to property of others and other acts of occupation , are generally not regarded as "trouble ", but criticized by the authorities to stop or punish after treatment , continue to implement the forefront of behavior , except the destruction of social order .

The second random assault , destruction of the social order , with one of the following circumstances, shall be regarded as deemed to have committed 93, paragraph 1 of the first paragraph of " vile " :

( A ) more than one person with minor injuries or slight injury of two or more persons ;

(B ) cause others to mental disorders , suicide and other serious consequences ;

( Three ) times and they beat the others ;

(D ) holding the weapon and they beat the others ;

( Five ) and they beat the mentally ill , the handicapped, vagrants and beggars , the elderly , pregnant women , minors, resulting in adverse social impacts ;

( Six ) in a public place and they beat another person, causing serious disorder in public places ;

(7) other vile situation.

Article chase , intercept, abusive, threatening to others, disrupt social order , with one of the following circumstances, shall be regarded as deemed to have committed 93, paragraph 1 of the second paragraph of " vile " :

( A ) repeatedly chase , intercept, abusive, threatening to others, resulting in adverse social impacts ;

(B ) holding the weapon chase , intercept, abusive, threatening to others ;

( C) the chase , intercept, abusive, threatening mentally ill , the handicapped, vagrants and beggars , the elderly , pregnant women , minors, resulting in adverse social impacts ;

(Iv ) cause others to mental disorders , suicide and other serious consequences ;

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

( F) other vile situation.

Article forcibly taking or any damage to public or private property occupied , disrupt social order , with one of the following circumstances, shall be regarded as deemed to have committed 93, the provisions of the third paragraph " serious circumstances " :

( A ) forcibly taking the value of one thousand dollars or more public or private property , or any damage to public or private property occupied by the value of two thousand yuan or more ;

(B ) repeatedly forcibly taking or any damage to public or private property occupied , resulting in adverse social impacts ;

(C ) forcibly taking or any damage , take mental patients , persons with disabilities , vagrants and beggars , the elderly , pregnant women, minors belongings , causing adverse social impacts ;

(Iv ) cause others to mental disorders , suicide and other serious consequences ;

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

( F) other serious circumstances .

Article in railway stations, docks , airports, hospitals, shopping malls , parks , theaters , exhibitions , sports grounds or other public places to stir trouble , it should be based on the nature of public places, the importance of public events , the number of public places , stir trouble time , the affected areas in public places and other factors , to determine whether a comprehensive " causing serious disorder in public places ."

Article others gathered more than three times the implementation of affray crime , untreated , 93, paragraph 2 shall be deemed to have committed in accordance with the provisions of punishment.

Implementation of Article VII trouble behavior , consistent disturb the crime and intentional homicide, intentional assault, constitutive elements of the crime of intentional destruction of property , extortion , robbery , robbery , etc., in accordance with the criminal conviction heavier punishment punishment.

Article VIII perpetrator confession, repentance , and actively compensate the victims losses or get the victim understanding , can be given a lighter punishment ; committed a minor crime , you can not sue or be exempted from criminal punishment.

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