Alcohol makes people excited, but excessive drinking not only harms oneself and oneself, but also easily triggers impulsive behavior after drinking. If you indulge in alcohol and touch the bottom line of the law, the final price may be beyond remorse.
Brief facts of the case. In August 2022, after being drunk, the defendant Zhang picked quarrels and provoked trouble in a department store in Chengguan Town, Huangyuan County, beating the people in the store and smashing the goods, causing minor injuries to the three victims in the store. The defendant's conduct had already met the requirements for filing a criminal case, and the procuratorate instituted a public prosecution in accordance with law.
Adjudication Results. After trial, the court held that the defendant Zhang had nothing to do and arbitrarily assaulted others, causing minor injuries to three people, and his conduct constituted the crime of picking quarrels and provoking trouble. In view of the sentencing circumstances such as defendant Zhang's confession, compensation and understanding, and voluntary admission of guilt and acceptance of punishment, defendant Zhang was found guilty of picking quarrels and provoking trouble, and sentenced to 11 months imprisonment with a one-year probation.
What the judge said. Article 293 of the Criminal Law of the People's Republic of China stipulates that anyone who commits any of the following acts of picking quarrels and provoking troubles, disrupting social order, shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or controlled release: (1) arbitrarily assaulting others, where the circumstances are heinous; (2) Chasing, intercepting, insulting, or intimidating others, where the circumstances are heinous; (3) Forcibly taking or arbitrarily destroying or occupying public or private property, where the circumstances are serious; (4) Causing a disturbance in a public place, causing serious disorder in a public place. Where others are gathered to carry out the conduct in the preceding paragraph multiple times, seriously disrupting social order, a sentence of between 5 and 10 years imprisonment is to be given, and a concurrent fine may be given. In order to punish the crime of picking quarrels and provoking troubles in accordance with the law and to maintain social order, the Supreme People's Court and the Supreme People's Procuratorate also promulgated the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Picking Quarrels and Provoking Troubles."
The crime of picking quarrels and provoking troubles refers to acts such as arbitrarily beating, chasing, intercepting, insulting, or intimidating others, causing heckling in public places, forcibly demanding, or arbitrarily destroying or occupying public or private property, disrupting public order, and so forth, with heinous circumstances or serious circumstances and serious consequences, for the purpose of seeking excitement, venting emotions, or acting recklessly. This crime is decomposed from the provisions of Article 160 of the Criminal Law of the People's Republic of China on the crime of hooliganism in 1979, and Article 293 of the Criminal Law of the People's Republic of China in 1997 makes independent provisions on the crime of picking quarrels and provoking trouble. Article 42 of the Criminal Law Amendment (8) of February 25, 2011 amended this crime by adding a second paragraph that provides that where others are gathered to commit acts of picking quarrels and provoking troubles multiple times, the statutory maximum sentence is increased from 5 years imprisonment to 10 years imprisonment, and a fine may be imposed on those who are engaged in this paragraph, and the act of "intimidating" others is added after the word "insulting" in item 2 of the first paragraph. The defendant in this case, Zhang, was lawless, drunk and caused trouble, arbitrarily assaulted others, and damaged other people's property, constituting the crime of picking quarrels and provoking trouble, and was punished by law. The judge reminded the public to remember to drink in moderation, not to be greedy, not to cause trouble after drinking, and not to be controlled by alcohol. When encountering any disputes, you need to stay calm, correct your own behavior, avoid acting impulsively, resolve the contradiction in a legal and reasonable way, have more restraint and forbearance, and do not be a "slave" of emotions.