SPC and SPP Interpretation on ‘Causing Disturbances’

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"The Supreme People's Court and Supreme People's Procuratorate s Interpretation on Several Issues Regarding the Applicable Law in Criminal Cases of Provocation and Causing Disturbances" having been passed by the 1579th meeting of the Adjudication Committee of the Supreme People's Court and by the 5th meeting of the 12th session of the prosecutorial committee of the Supreme People's Procuratorate, is hereby promulgated, and will take effect on July 22, 2013.

Supreme People's Court   Supreme People's Procuratorate

July 15, 2013

Legal Interpretation No. 18〔2013)

The Supreme People's Court and Supreme People's Procuratorate s Interpretation on Several Issues Regarding the Applicable Law in Criminal Cases of Provocation and Causing Disturbances

Passed on May 27, 2013 by the 1579th meeting of the Adjudication Committee of the Supreme People's Court, and on April 28, 2013 by the 5th meeting of the twelfth session of the prosecutorial committee Supreme People 's Procuratorate

 

The following explanation on several issues regarding the applicable law in criminal cases of provocation and causing disturbances is made in accordance with the relevant provisions of the "PRC Criminal Law", so as to punish the offense of provocation and causing disturbances in accordance with law and to protect social order:

Article 1: Where the perpetrator creates trouble from nothing because he is looking for excitement, blowing off steam, or acting brutish, and commits acts provided for in Criminal Law article 293, it shall be considered "provocation and causing a disturbance".

Where the perpetrator uses a conflict or dispute or dispute that has arisen in daily life as an excuse to commit acts provided for in Criminal Law Article 293, it shall be considered "provocation and causing a disturbance", except where the conflict was intentionally brought on by the victim or the victim has primary responsibility for intensifying the conflict.

Where the perpetrator commits acts such as hitting, berating or intimidating others, or destroying or converting others' property, because of a romantic, familial, neighborhood, debt-related or other such dispute,it will generally not be considered 'provocation and causing a disturbance', except where after being criticized and stopped by the relevant department, or given a punishment, he continues committing acts listed above and undermining social order.

Article 2: Where there are any of the following circumstances, undermining social order by randomly hitting others shall be considered "heinous circumstances" as provided in Criminal Law article 293(1):

(1) causes minor injury to 1 or more persons or slight injuries to 2 or more persons;

(2) leads to serious consequences such as psychological abberation or suicide in others;

(3) randomly hit others on several occasions;

(4) randomly hit others while bearing a weapon;

(5) randomly hit mentally ill persons, handicapped persons, vagrant beggars, elderly persons, pregnant women or juveniles, creating a repugnant social impact.

(6) randomly hit others in a public venue, creating serious disorder in the public venue;

(7) Other situations of heinous circumstances.

Article 3: Where there are any of the following circumstances, undermining social order by chasing, intercepting, berating or intimidating others shall be considered 'heinous circumstances' as provided in Criminal Law article 293(2):

(1) Chased, intercepted, berated or intimidated others on several occasions causing a negative social impact;

(2) Chased, intercepted, berated or intimidated others while carrying a weapon;

(3) Chased, intercepted, berated or intimidated mentally ill persons, handicapped persons, vagrant beggars, elderly persons, pregnant women or juveniles, causes a repugnant social impact;

(4) lead to serious consequences such as psychological abberation or suicide in others;

(5) seriously impacted the work, lives, production or business operations of others;

(6) Other situations of heinous circumstances.

Article 4: Where there are any of the following circumstances, undermining social order by forcibly taking or arbitrarily destroying or converting either public or private property shall be considered 'serious circumstances' as provided in Criminal Law article 293(3):

(1) forcibly taking public or private property worth more than 1000 yuan, or arbitrarily destroying or converting property worth over 2000 yuan;

(2) forcibly taking or arbitrarily destroying or converting either public or private property on several occasions, creating a negating social impact;

(3) forcibly taking or arbitrarily destroying or converting the property of mentally ill persons, handicapped persons, vagrant beggars, elderly persons, pregnant women or juveniles, creating a negative social impact;

(4) lead to serious consequences such as psychological abberation or suicide in others;

(5) seriously impacted the work, lives, production or business operations of others;

(6) Other situations where the circumstances are serious.

Article 5: Whether causing a commotion at a bus station, port, airport, hospital, market, park, theater, exhibition hall, stadium or other public venue amounts to 'causing serious disorder at a public venue' shall be judged upon the totality of factors such as the type of public venue, the importance of the public event, the number of people at the venue, the time of the commotion, and the scope and degree to which the forum was impacted.

Article 6: Bringing together others three or more times to commit the crime of causing a disturbance, that has not yet had a disposition, shall be punished in accordance with article 293, paragraph 2, of the Criminal Law.

Article 7: Conviction and punishment should be in accordance with the more serious crime where acts of provocation or causing a disturbance meet the requirements for establishing both the crime of provocation and committing disturbances and intentional homicide, intentional infliction of harm, intention destruction of property, extortion and blackmail, forcible seizure, robbery or other crimes.

Article 8: Where the perpetrator admits guilt, repents, actively compensates the victims' losses or receives the victim's forgiveness, the may be punished leniently, where the circumstances of the crime are minor, it may be decided not to prosecute them or to excuse them from criminal punishment.

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