Joke Collection Website - Cold jokes - Did someone instigate you to break the law?
Did someone instigate you to break the law?
It should be judged according to the specific situation. If you provoke others after starting work and cause minor injuries to others, it is a criminal act and is suspected of intentional injury. If the crime is not established, it is an illegal act, and the public security organ can mediate the fight. If mediation fails, corresponding administrative punishment shall be given according to law. According to the relevant laws and regulations, those who beat others or intentionally hurt others' bodies shall be detained for not less than five days but not more than ten days, and fined not less than 200 yuan but not more than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
If the other person insults and challenges me with words, I will hit him. How should the other party's responsibility be determined in this matter?
The other party insults and provokes the parties with words, which belongs to infringement and civil disputes and bears tort liability. The client beat him, suspected of breaking the law, and assumed illegal responsibility.
In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility.
Article 246 of the Criminal Law of People's Republic of China (PRC) commits the crime of insulting and slandering, publicly insulting others by violence or other means or fabricating facts to slander others, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
Article 293 Whoever commits one of the following acts in the crime of stirring up trouble shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social 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.
Legal basis: Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: Those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and fined for more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60.
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