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The Tangshan barbecue restaurant beating incident was spread on the Internet, attracting the attention of people from all walks of life for a while. While they reprimanded the beating group for their misdeeds and should be severely punished, they were still concerned about the injuries of the girls who were beaten. More importantly, after the Tangshan barbecue restaurant beating incident, it is hard for us to believe that there will be such a bad thing to happen today when the rule of law is so perfect.
This has also led to deep thinking about some legal issues, such as: how will those who pick quarrels and provoke troubles be punished by law in 2022?
First of all, we should first understand what is the definition of the crime of picking quarrels and provoking troubles. Generally speaking, picking quarrels and provoking troubles means that some people with bad motivation harass or assault others through verbal abuse, behavior, threats in public, and seriously affect social order can be defined as the crime of picking quarrels and provoking troubles. In accordance with the laws of our country, those who pick quarrels and provoke troubles are punished in light of the severity of the incident.
Taking the Tangshan barbecue restaurant beating incident as an example, in a beating gang of 7 men and 2 women, it can be judged as the crime of picking quarrels and provoking trouble, for the following reasons: 1The main culprits, Chen Jizhi and Tao, verbally harassed the girls in the barbecue restaurant, and began to beat people after they were refused.
2.In public places, they pinned girls dressed in white and beat them, and there were helpers behind them to participate in the beatings. Generally speaking, according to the provisions of China's Criminal Law, the crime of picking quarrels and provoking troubles may be sentenced to up to five years imprisonment, short-term detention or controlled release depending on the severity of the circumstances.
Therefore, based on the above views, it can be seen that in 2022, the crime of picking quarrels and provoking troubles will violate China's Criminal Law, and the perpetrator will be punished with up to five years in prison, criminal detention or controlled release according to the severity of the circumstances. Because society is a large group, and the law is the most effective tool to protect and restrain some illegal acts. Any violation of the law and infringement of the rights of others will be severely punished by the law.
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This kind of behavior is certainly illegal in life, and can be punished by three months of detention or more than a year in prison. The sentencing is still very large.
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It is likely that the sentence will be up to three years in prison, and if the circumstances are more serious, the punishment will be increased.
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According to the provisions of the relevant laws of our country, if the crime of confined private affairs is constituted, the sentence may be determined within the range of three months of short-term detention to one year of fixed-term imprisonment, and if the conduct is very serious and causes a particularly large social impact, it is very likely that the sentence will be between three and seven years imprisonment.
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According to the relevant provisions of the Criminal Law, a crime can only be constituted if the circumstances are heinous, the circumstances are serious, or if the circumstances cause serious disorder in a public place. Acts of picking quarrels and provoking a bird and making a light off where the circumstances are minor and the harm is not great can only be dealt with as an ordinary illegal act. Ordinary violations of the law of picking quarrels and provoking troubles may be subject to administrative detention or re-education through labor.
In the case of ordinary picking quarrels and provoking troubles, in accordance with the provisions of the Public Security Administration Punishment Law, those who pick quarrels and provoke troubles are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. Where the circumstances are serious and constitute the crime of picking quarrels and provoking trouble, in accordance with the Criminal Law, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given, and where others are gathered to carry out the conduct described in the preceding paragraph multiple times, seriously disrupting social order, a sentence of between five and ten years imprisonment is to be given, and a concurrent fine may be given.
Legal basis. Article 26 of the Public Security Administration Punishment Law: Anyone who commits any of the following acts is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for up to 10 days and 15 days old, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble.
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The crime of picking quarrels and provoking troubles is punishable by up to five years imprisonment, short-term detention or controlled release. If they are sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or controlled release, they may be given a suspended sentence. As for whether or not to give a suspended sentence, the judgment should be made on the basis of the criminal suspect or defendant's own attitude of admitting guilt, whether he is a recidivist, as well as the role he played in the entire course of the act, the severity of the circumstances, and so forth.
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Release on bail does not mean that the case is over, and the court will make a judgment in accordance with the law, and if it is not a repeat offender, a suspended sentence will be imposed.
This friend, hello, this, according to the severity of the situation, you can be released on bail in person.