Heavy!The Supreme Law: The petition process has ended and visited many times, and it constitutes a crime of provocation!

Letter and visits are the rights of citizens. It is understandable to protect their own legitimate rights and interests. They must express their demands reasonably in accordance with the law. There must be a rational judgment on your own demands, whether it is reasonable and legal, whether it is practical to solve it, and avoid being more dead, and even vowed if it is unreasonable, unreasonable, and unreasonable. Legal Consequences. For those visitors who are reasonable, they hope to claim their rights and interests through correct channels, and remember not to be used by others to add chaos to the country and society. Of course, government departments at all levels should also strive to solve practical difficulties for the masses. Do not force this part of the people who have reasonable demands to enter Beijing to petition. Before applying the above -mentioned crimes, the public security judicial department must strictly grasp the severe standards of the circumstances, follow the principle of humility of the criminal law, give priority to the application of public security penalties, and distinguish the reasonable demands and unreasonable visits of the masses.

This sharing (2017) Supreme Law Spring Sheng Shen No. 28 rejected the appeal notice, the full text is as follows:

The Supreme People's Court of the People's Republic of China

Rejuvenation and notice

(2017) Supreme Law Criminal Shengshen No. 28

Zhou Zhirong:

For a case of provocation, you are criminally judged by the People's Court of Yinzhou District, Tieling City, Liaoning Province (2015) Tieyin Criminal Plane No. 00083 and the Tieling Intermediate People's Court (2015) Tiexin No. 00084 Criminal Criminal Dissatisfied. It is determined that you are not clear about the facts of the crime of provoking the trouble and the evidence; your petitioning behavior is a legal right to defend rights, which subjectively does not disturb the intention of social order, and objectively disrupts the public order of social public order; The year of age should be appealed to our court on the grounds of light or reduction of punishment.

After consolidating the collegiate panel, the court believed that the original trial determined that the facts of your crime of provocation were clear, the evidence was true, sufficient, qualitative and accurate, appropriate torture, and legal trial procedures. You have been solved by the petition problem, and the petition procedure has ended, and went to the local government, the Provincial Women's Federation and other departments many times, adopting a multi -person government's door, blocking office building, and playing banner. The second non -visit and visits destroyed the normal social order. This fact can be replenished by the request of the retired employees of the original food company and increased the heating fee and the medical insurance card by 4%. The Minutes of the Office of the District Mayor of Migrant Workers in the Second Construction Company; Public Hearing Conclusions on the Public Hearing of Calls and Calls in Yinzhou District on the Joint Conference Office of Tieling City Letters and Calls; Zhou Zhirong, Wang Mou and others have explained letters and visits; the joint office of the Letters and Calls of Tieling City about Zhou Zhirong's entanglement, dazzling visits, backflow, and retention situation; And arresting evidence confirmed that your behavior has exceeded the scope of reasonable appeal in expression, and it has constituted a crime of provocation. Citizens reflect the demands through letters and visits, and they should take legal means. Even if they are to safeguard their legal rights, they shall not use illegal means, otherwise they will be investigated by law.

According to your specific criminal facts and pleasure, the original trial is sentenced to one year in prison, which has been punished by lightly, and there is no improper sentencing. At the age of seventy -five years old, he deliberately crime can be punished lightly or to reduce the punishment, but it does not mean that it can not be subject to legal constraints, can do whatever you want, or abide by the law, otherwise it will also be investigated by the law.

In summary, the reason for your appeal does not meet the rejuvenation conditions stipulated in Article 242 of the Criminal Procedure Law of the People's Republic of China and rejection. I hope you respect the effective referee of the people's court and consciously serve the judgment.

Featured notice

March 25, 2017

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Be wary !! Improper petition or "ten sins"

1. Crime guilty of provocation

For example: In the case of the end of the letter and visits of Linzhang County, Wang and visited the law of law and visits in Tiananmen Gate, Zhongnanhai and other places in Beijing, and severely disrupted the public order. The court believes that Wang violated the provisions of the letters and visits that the above behavior has constituted a crime of provocation and sentenced to 2 years in prison.

Prosecutor's saying: Searching for trouble is the most susceptible charges of illegal petitioners. The main manifestations are random beating, abusive, intimidating, chasing, intercepting the intercepters or other people, the circumstances are bad; Occupy public property, the circumstances are serious; in public places, they will make troubles, causing serious chaos in order of public places.

Reminder: When petitioners petition, we must avoid the above behavior, and for non -normal petitions to important areas such as Beijing Zhongnanhai and Tiananmen many times, they are warned, trained, and administrative penalties in accordance with relevant regulations. Social order is also suspected of provocation. This sin can be sentenced to less than 5 years, and the maximum sentence can be sentenced to 10 years in prison.

2. Illegal assembly, parade, demonstration crime

For example: Su Mou, a resource county, was hospitalized because his sister was injured. In order to attract the attention of the government, without any application, more than a hundred villagers came to the county government to discuss, pull bars, look at slogans, county counties, counties, counties, counties The director of the Public Security Bureau led the police to the scene to maintain order, persuaded the demonstration team, and the parade refused to obey the dissuasion. He also chased the police and security of the public security police, which seriously destroyed social order and caused bad social impact. The court sentenced Su to such as illegal assembly, parade, and demonstration. Prosecutor's saying: illegal assembly, parade, and demonstration refer to the holding, parade, demonstration, and failure to apply for or not permitted in accordance with the law, or the time, place, and route that fails to obtain in accordance with the competent authority. , Severe behaviors that severely destroy social order. The rally refers to the activities that are gathered in open -air public places to express opinions and express their wishes; parade refers to an activity in public roads and open -air public places to express and express common will; demonstration refers to Paradise, meditation, etc., express requirements, protests or support, support, and other common will.

Reminder: Many petitioners may not have the concept of illegal assembly, parades, and demonstrations in their hearts, and they do not know that their behavior is already rally, parade and demonstration. Although this is the right to each citizen of the constitution, it must be followed by public security. The permits of agencies and other departments are performed and obediently arranged, otherwise it is illegal and may be suspected of crime. This sin can be sentenced to 5 years in prison.

3. Crime of obstructing public affairs

For example: Shaoyang City Liu went to Shaoyang Municipal Party Committee and Beijing Zhongnanhai and other places on the grounds of arrears of wages, etc. Implementing official duties will cause serious and bad effects. The court was sentenced to one year in prison for obstructing official duties.

Prosecutor's saying: The crime of obstructing official duties refers to hindering the staff of the state organs and the representatives of the National People's Congress in accordance with the law by violence and threats, or deliberately hindered the national security organs and public security organs to perform national security work tasks in accordance with the law. Consequences. Those who violent attacks are being executed in accordance with the law.

Reminder: During the petition process, it is easy to occur in the physical conflict between petitioners and interviewers, which can easily constitute a crime of obstructing official duties, and petitioners must restrain them. The maximum sentence of this crime may be sentenced to 3 years in prison, causing serious injuries and death, and punishment shall be punished according to intentional injury and intentional homicide.

4. Gathering the crowd to disrupt social order

For example: Zhang, Shangqiu City, died of a sudden cerebral hemorrhage treatment during his relatives during the petition in Beijing. Gathering troubles caused a bad impact and seriously affected the normal work order of the two governments. Zhang was sentenced to three years in prison for the crime of committing the crime of crime to disrupt the social order.

Prosecutor's statement: The crime of gathered the public to disrupt social order refers to gathered the public to disrupt social order, serious circumstances, and causing work, production, business, teaching, scientific research, and medical care to be performed, causing serious losses. The so -called gathering people refers to the gathering of more than three people.

Reminder: Try not to gather group petitions in groups, and try to avoid affecting normal social order when petitioning. In reality, it often appears in the front of government agencies, hospitals and other places to gather in public. When it comes to a certain degree, it will constitute a crime. This sin can be sentenced to up to 7 years in prison for primary and active participants.

5. Gathering the crime of impacting the state organs

For example: Zhang, Zhang, believes that the accidental death of his brother is caused by the quality problem of the drainage ditch built by the government. After the huge compensation from the government, more than 100 people with two other relatives and the other relatives, lifted the brother's body to lift the body’s body The parking building in the government office made the staff of the county party committee and government from work. The court sentenced four defendants to Zhang Mouwen and other four defendants for a maximum sentence of five years with the crime of gathering public agencies.

Prosecutor's saying: The crime of gathering the public to impact state organs refers to the activities that organize, plan, conduct, or actively participate in the joint invasion of the state organs, which causes the work of state organs to work, causing serious material losses or harsh political and social impacts.

Reminder: This sin is more severe and more serious than the crime of gathered social order. It is limited to state organs. The main forms are the access control of the state organs forcibly rushing to the state organs; surrounding the station of the state organs; throwing and attacking with stones and miscellaneous objects; cutting off the power supply, water source, telephone line, etc.; Blocking channels to prevent state staff from entering and exit; Abusing and chasing staff; destroying public property, destruction of documents, materials; forcibly invading, occupying office spaces and refusing to withdraw. This sin can be sentenced to up to 10 years in prison for the primary and active participants.

6. Gathering the crowd to disrupt public places and traffic order

For example: Some areas to discuss with others. In order to put pressure on the district government and solve the problem of operating rights after their passenger van, more than 50 van drivers will park the car at the Golden Bridge Passenger Shipping South Station, which causes the operation to make the operation, resulting in the case, causing it The order of Jinqiao Passenger Transport South Station is seriously chaotic, and a large number of passengers stay at the South Railway Station of Luqiao Passenger Transport, which seriously affects the order and traffic order of public places. The court sentenced Duan to 10 months in prison for gathered public places and traffic order. Prosecutor's saying: Gathering the crowd to disrupt public places and traffic order refers to gathers the stations, docks, civil aviation stations, shopping malls, parks, cinema, exhibitions, sports fields, or other public places. It hinders a national public security manager who executes his duties in accordance with the law and has serious circumstances.

Reminder: Different from the crime of disrupting the public order, the crime occurred in public places such as stations, docks, civil aviation stations, shopping malls, parks and other public places. What destroys public places and traffic order; , Teaching, medical order, etc. For petitions, try to avoid as much as possible at stations, docks, etc., because as long as it is a gathering, it will inevitably affect the traffic order, and it is easier to be convicted. This sin can be sentenced to 5 years in prison.

7. Extortion crime

For example: Jilin Jing was not guilty for the reorganization of the case of intentional injury. After obtaining a state compensation for more than 80,000 yuan in accordance with the law, he continued to petition and requested the state compensation again. The behavior should be stabbed, and the party and government agencies or units involved and their staff should ask for property. The court determined that the above visits were threatened and extorted the property for the purpose of illegal possession, constituted a crime of extortion, and sentenced to 10 years in prison.

Prosecutor's saying: The crime of extortion refers to the behavior of the purpose of illegal possession, using threatening methods to forcibly ask for public and private property. The threat means that the victims are forced to hand over the property with the vicious and harm. Whether the content of the threat is legal and threatened, as long as it is enough to make others fear; Create an excuse for making it the property to the property.

Reminder: In recent years, many unreasonable interviewers have appeared in Beijing, and they have taken place in illegal petitions in Beijing to put pressure on relevant government departments, and ask for unreasonable requirements for payment of transportation expenses, accommodation costs, living expenses, etc. Establish a crime of extortion. According to different amounts, it can be sentenced to less than 3 years, and the maximum sentence can be sentenced to more than 10 years in prison.

8. Crime of false accusation

For example: The Weihai Ding brothers were dissatisfied with the procuratorate's investigation conclusion of the suspected law of public security cases. Without any factual basis, the prosecutor Su Mou was sheltered, bribery, and bribery crimes. The methods of peace and visits report and report to the procuratorates at all levels, the Standing Committee of the National People's Congress, and other departments, causing a bad impact. The court was sentenced to crime of framing.

Prosecutor's saying: The crime of confession refers to the fabrication of crime, a false test, and intended to be criminal investigated by others. The fabrication refers to the fact that there is nothing and fictional criminal facts. False reporting means that the perpetrators report the criminal facts of the fabricated.

Reminder: The Constitution gives citizens to the illegal negligence of any state organs and state staff, and has the right to file a complaint, accuse or report to the relevant state organs, but must not fabricate or distort the facts to confess to framed. During the petition, we must not be satisfied due to unreasonable demands. In order to attach further attention or be in retaliation, we will confuse the facts of criminal facts to framed others, otherwise it will constitute a crime. This sin can be sentenced to 10 years in prison.

9. Crime of intentional destroying property

For example: Zheng Mou, who came to Anxian, was reported to the relevant departments on the grounds of illegal occupation of the old homestead at the old homestead. It was investigated by the relevant departments that his homestead had already transferred agricultural land and did not deal with it. For this reason, we came to the town government and the county government 13 times to petition. During the petition process, it took over -exciting towards the winding windows, electric doors, and other facilities to deliberately destroy public property, which caused a very bad impact in the local area. The court tried that his behavior had constituted the crime of destroying property, and Zheng was sentenced to one year in prison.

Prosecutor's saying: The crime of intentional destroying property refers to intentional destruction or damage to public and private property, a large amount or other serious circumstances, deliberately destroyed the property of more than 5,000 yuan, or deliberately destroy the property of more than three times, or collects the three people to openly destroy destruction Both property can constitute the crime of intentional destruction.

Reminder: Individual petitioners may have the behavior of destroying public property in order to vent their anger or express their dissatisfaction, or subconsciously, or they do not think about a few money. There is no requirement for the amount of loss. This sin can be sentenced to 7 years in prison according to the maximum amount and circumstances.

10. Harmly crime of public safety

For example: Kemou and others in Tongshan County went to Beijing to petition. In the dark, dangerous driving methods such as accelerating driving, turning off the lights, turning around, and running through red lights want to get rid of the police and stable staff. It shows that when an identity intercepting the vehicle, it is still actively driving forward.

Prosecutor's saying: The crime of harm to public safety with danger is to set fire, water decisive, explosion, and various uncommon dangerous methods other than hazardous substances, which is enough to endanger public safety.Several common forms include private grids, car collisions, and dissemination of diseases.Reminder: This sin is a criminal. As long as it is implemented, no consequences are required. As long as the judicial personnel determine that the lives, health or major public and private property of most people who are sufficient to endanger are not specific, they can be convicted.Maybe you have no intention of harming public safety, but as long as you threaten public safety, you may be involved.The highest consequences of this sin can be sentenced to death.

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