Mianyang Jiangyou Dripping Driver Mr. Li, when picking up passengers, found that the passenger was a high school student and was chased by several social youths, so Mr. Li stopped asking social youth to apologize, and finally angered the other party. Chopped. The suspects stated that they were on the street who saw who was not pleasing. So do those who beat people constitute the crime of causing trouble? Finding Lawnet Xiaobian compiled the relevant information below.
The crime of confusing and harassment refers to the act of wanton provocation, arbitrary beating, harassment, or arbitrary destruction, occupation of public and private property, or harassment in a public place, which seriously undermines social order.
(1) Constitutive requirements for the crime of causing troubles
Finding trouble The subject is a general subject, and any natural person who has the criminal responsibility ability at the age of 16 can be the subject of this crime. As long as the perpetrator commits an act of seeking trouble and causing trouble, the crime can be committed by a single person or by a group of people.
2 Subjective Aspects
The subjective aspect of the crime of confusing and afflicting people is direct and intentional, that is, knowing that their actions will endanger the harm of social order and hope that this result will happen. The perpetrator's criminal motive is to satisfy the abnormal mental stimulation or other unhealthy psychological needs such as sagging and fun. If you are free to beat other people for the purpose of seeking spiritual stimulation or abnormal psychology, it is a crime of causing trouble.
The object of this sin infringement is public order. The so-called public order includes public order and common rules that people should follow in life. The crimes of causing troubles and afflictions often take place in public places (some of which are in secluded places), and often cause damage to citizens’ personal, personality or public and private property. However, the general violations of the crimes caused by riots are not specific personal, personality or public or private property. And it mainly refers to public order.
4. Objective behaviors< p>(1)Free to beat other people, and the plot is bad
Free to beat other people is to point out unhealthy motives such as prestige, fun, unreasonable, unreasonable beating or acquaintance The "bad circumstances" here refer to the means to brutally beat other people by means of cruelty, repeatedly hitting other people at random, causing serious consequences such as being beaten by a person who committed suicide, etc.
1 As long as it is tangible to the human body, even if it is not in contact with a person's body, it is a beating. For example, a player who sticks a club but does not come into contact with another person's body establishes a beating.
2 In China, assault is not an attempted crime of assault, so the assault is not premised on the danger of causing an injury outcome.In other words, if a certain behavior can only cause physical pain, but It is impossible to cause harm and is also a beating.
3If the perpetrator exercises tangible force against the object, A person who has a strong physical influence on a person's body should not be judged as being beaten because he or she is not exercising tangible force on the person's body.
4 The use of tangible methods does not equate to the exercise of tangible forces. For example, to make food after eating unhygienic foods Stomach pain, although a tangible method, should not be assessed as beating.
5Because the crime of confusing and afflicting victims is of a complementary nature, beatings do not cause harm (light injuries ) As a precondition, on the one hand, the harm caused by the result of injury is undoubtedly in compliance with the requirements for beatings. On the other hand, as mentioned above, the statutory penalty for the crime of causing trouble is the statutory penalty for intentionally minor injury. Assault causes minor injuriesAs a result, it may also be regarded as a free assault type of crime.
6 For the same reason, the assault is not based on the premise of gathering people, but is not based on the constitutional elements that meet the crime of gathering people. However, the arbitrary behavior of gathering people and fighting is usually consistent with the elements of the crime of causing trouble.
(2) Penalties for seeking crimes
Finding troubles and disrupting social order will be punished with imprisonment, criminal detention or control of less than five years.
In summary, because of unhealthy motives such as prestige, fun, and unreasonable, unreasonable beating and acquaintance with each other, it is a manifestation of the crime of causing trouble. In order to seek spiritual stimuli or to meet the random harassment of abnormal psychology, it is a crime of causing trouble. Those who constitute the crime of causing troubles shall be sentenced to imprisonment of not more than five years, criminal detention or control.