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Anyone who participates in picking quarrels and provoking troubles will be arrested. Of these, where, upon investigation, the circumstances of the crime are obviously minor, the sentence may be less severe or criminal punishment may be waived.
A crime in which multiple people participate is a joint crime, and it is not possible to selectively arrest people, and all participants are suspected of committing a crime. They are divided into principal offenders and accomplices.
Definition and principle of punishment of joint offences and principal offenders and accomplices in the Penal Code:
Article 25: [Concept of Joint Crimes]Joint crimes refer to two or more persons committing a joint intentional crime.
Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.
Article 26: [Principal Offenders] Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in a joint crime, are the principal offenders.
A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group.
The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.
Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.
Article 27: [Accomplices] Those who play a secondary or auxiliary role in a joint crime are accomplices.
For accomplices, punishment shall be mitigated, commuted, or waived.
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Catch them all....In this way, the leader can be severely punished.
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1. Where the crime of picking quarrels and provoking troubles is established, the starting sentence may be determined within the corresponding scope of infiltration, based on the following different circumstances:
1. Where picking quarrels and provoking troubles occurs once, the starting sentence may be determined within the range of up to three years imprisonment or short-term detention.
2. Where others are gathered to pick quarrels and provoke trouble three times (each time it constitutes a crime), seriously disrupting social order, the starting sentence may be determined within the range of 5-7 years of knowing the early sentence.
II. On the basis of the starting sentence, the sentence may be increased and the base sentence may be determined on the basis of other facts of the crime that impact the establishment of the crime, such as the number of times they pick quarrels and provoke trouble, the consequences of harm, the forcible taking of other people's property, or the amount of public or private property arbitrarily destroyed or occupied.
1. For each additional time of picking quarrels and provoking trouble, the sentence may be increased by one month to six months; For each additional gathering of others to pick quarrels and provoke trouble, the sentence may be increased by six months to one year.
2. For each additional minor injury, the sentence may be increased by one month to three months; The sentence may be increased by three months to one year for each additional minor injury.
3. For each additional person who causes mental disorder, the sentence may be increased by six months to one year; For each additional person who causes suicide resulting in serious injury or death, the sentence may be increased by one to two years.
4. For every 5,000 yuan increase in public or private property, or for every 10,000 yuan increase in arbitrary destruction or occupation of public or private property, the sentence may be increased by one month to three months.
5. Other circumstances where the penalty may be increased.
III. Where minors are gathered to pick quarrels and provoke trouble, the base sentence may be increased by up to 30%.
See if you're 14 years old. If it is under this age, it does not constitute criminal liability. The assumption of civil liability is related to whether criminal liability is constituted, if criminal liability is only to bear direct losses, if it does not constitute criminal liability, then civil compensation is very high.
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