Yunnan Wenshan criminal lawyer defense Yunnan picking quarrels and provoking crime sentenced to how long
This article is edited by Zhang Zhiyong’s legal team (Zhang Zhiyong:Chongqing ZhiHao law firm, director of the national outstanding lawyer, chongqing top ten lawyers, practice more than 25 years and is good at position and economic crime, gang crime, network crime, drugs, crime and other major new difficult complex criminal agent) here is yunnan wenshan city people’s court about stir-up-trouble crime judgment excerpt: public prosecution organ yunnan wenshan city people’s procuratorate.The defendant Zhang mou.On suspicion of the crime of picking quarrels and provoking trouble, he was detained by the Public Security Bureau of Wenshan on November 25, XX, and released on bail pending trial by the Public Security Bureau of Wenshan on December 12, XX.The defendant jeong 1.On suspicion of picking quarrels and provoking trouble, he was detained by the Public Security Bureau of Wenshan city on November 4, XX. On December 12, XX, he was released on bail pending trial by the Public Security Bureau of Wenshan City.Defendant Yuan mou.On suspicion of picking quarrels and provoking trouble, he was detained by the Public Security Bureau of Wenshan city on November 4, XX. On December 12, XX, he was released on bail pending trial by the Public Security Bureau of Wenshan City.Wenshan city people’s procuratorate charges, XX year on September 8, about 2, the defendant zhang, 1, Yuan Mou jeong and others from the wenshan city civilized streets office island’s bar to play out, after “Zheng Ge” (I do not know their real names, at large) driving through the xyz diagonally across the street from the bar grill, due to the speed too fast,To scare zheng and Duan who were eating barbecue at the door of a barbecue restaurant, Zheng called “Zheng Ge” to drive slowly, and then “Zheng Ge” could not, “Zheng Ge” then invited Zhang and others to beat Duan and Zheng 2.The defendant Yuan Mou, jeong 1 in hear the sound of the zhang mou to quarrel with each other, go help zhang and others, the two sides in the process of running after beating out, kicking and bench play, film clip was chased out into so-and-so barbecue shop, after the film clip will chase again with barbecue store knife in beating the film clip jeong 1, Yuan Mou cuts, in the process, to different degrees of injury on both sides.Yuntong judicial Appraisal Center of Yunnan Province respectively on duan, Zheng 2, Zheng 1, Yuan injuries were identified: Duan’s injuries for minor injuries, Zheng 2 injuries for minor injuries, Zheng 1 injuries for minor injuries, Yuan’s injuries for minor injuries.In order to support the charges, the public prosecution organs to the court enumerated documentary evidence, the defendant’s confession and defense, the victim’s statement, witness testimony, expert opinion, on-site investigation, identification records and photographs and other evidence to prove.Public prosecution authorities believe that the defendant Zhang mou, Zheng mou 1, Yuan mou’s behavior has violated the provisions of the “Criminal Law of the People’s Republic of China” article 293, the facts of the crime is clear, evidence is indeed, sufficient, the defendant Zhang Mou, Zheng Mou 1, Yuan Mou should be investigated for criminal responsibility for the crime of picking a quarrel.In terms of sentencing, in view of the fact that all the three defendants had surrendered and actively negotiated with the victim after the incident, and obtained understanding, it is recommended that the three defendants be sentenced to one year and three months in prison, with probation.The defendant Zhang on the indictment charges of criminal facts, charges and sentencing proposals are no objection, agreed to apply summary procedure, and signed a statement, in the trial process is also no objection.Counsel does not dispute the facts and charges in the indictment.Sentencing in view of the defendant Zhang has surrendered the plot and voluntary confession, and obtain the understanding of the victim, request the court to its probation.The defendant Zheng mou 1 has no objection to the criminal facts, charges and sentencing proposals charged in the indictment, agrees to apply summary procedure, and signs the statement, and has no objection in the trial process.The defendant Yuan mou has no objection to the criminal facts, charges and sentencing proposals charged in the indictment, agrees to apply summary procedure, and signs the statement, and has no objection in the hearing process.The defendant Zhang mou, Zheng mou 1, Yuan Mou and the defense did not cite evidence to the court.The facts and evidence found out during the trial are consistent with the charges made by the public prosecution organ.In addition, XX November 4, the public security police telephone informed the defendant Zheng 1, Yuan arrived;On November 25, XX, the defendant was notified by telephone of zhang’s arrival.After the incident, the victim duan mou to the defendant Zhang, Zheng 1, Yuan mou expressed understanding of the behavior.Note: Chongqing Zhihao Law firm, National excellent law firm, Chongqing excellent law firm.The court believes that the defendant Zhang mou, Zheng mou 1, Yuan Mou casually beat others, causing two minor injuries, the destruction of social order behavior constitutes the crime of picking a quarrel and provoking trouble.The criminal facts charged by the public prosecution are clear, the evidence is indeed, sufficient, the charges are established, the court to confirm and to the crime of provoking a disturbance to investigate the defendant Zhang, Zheng 1, Yuan mou criminal responsibility.The defendant Zhang mou, Zheng mou 1, Yuan mou by the public security organ telephone notice to the case, after truthfully confessed the facts of the crime, is a voluntary confession and confession of punishment, according to the law can be lighter punishment;Obtain the victim duan mou’s understanding, as appropriate, can be given a lighter punishment.Public prosecution on the defendant Zhang mou, Zheng mou 1, Yuan mou sentenced to fixed-term imprisonment of one year and three months, and the application of probation sentencing recommendations appropriate, the court to be adopted.The defendant Zhang mou, Zheng mou 1, Yuan mou on the request of the court sentenced to probation of the opinion is established, the court will be adopted.The defense opinion is established and the court accepts it.Accordingly, as a serious national law, maintaining the social order, to crack down on criminal offenses, according to the defendant zhang, jeong 1, Yuan Mou criminal facts, character, plot, c – attitude, performance, and degree of harm to society, in accordance with of the first paragraph of article two hundred and ninety-three of the criminal law of the People’s Republic of China, article sixty-one, paragraph 1 of article sixty-seven, article seventy-two,The criminal procedure law of the People’s Republic of China article 15 and article two hundred and one, the Supreme People’s Court, the Supreme People’s Procuratorate on some issues to deal with troublemakers to criminal case applicable law the interpretation of the provisions of article 2, the sentence is as follows: first, the defendant zhang mou make stir-up-trouble crime, sentenced to three months of the year, the probation for two years.Two, the defendant Zheng mou 1 committed the crime of picking quarrels and provoking trouble, sentenced to fixed-term imprisonment of one year and three months, suspended for two years.Three, the defendant Yuan mou committed the crime of picking quarrels and provoking trouble, sentenced to fixed-term imprisonment of one year and three months, suspended for two years.(The probation period of probation shall be calculated from the date of the final judgment.)Note: for more information about lawyer interview, bail pending trial and criminal defense law, please visit the official website of Chongqing Zhihao Law Firm.The crime of picking quarrels and provoking troubles refers to the crime committed by the perpetrator of wanton provocation, beating and harassing others at will, destroying and occupying public and private property at will, or making trouble in public places, which has caused serious damage to the social order.Article 293 Whoever commits any of the following acts of picking fights and provoking trouble, thereby disrupting public order, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:(2) chasing, intercepting, abusing or threatening another person to a flagrant extent;(3) forcibly taking, demanding, willfully damaging, destroying or occupying public or private property to a serious extent;(4) stirring up trouble in public places.Causing serious disorder in public places.Whoever gathers another person to repeatedly commit the acts mentioned in the preceding paragraph, thus seriously undermining public 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.