The crime of disrupting courtroom order refers to the conduct of assembling a crowd to make a noise, storming the courtroom, or beating, insulting, slandering, or threatening judicial personnel or litigation participants, and not listening to the court's stops, seriously disrupting courtroom order.
Netizen consultation:
What are the constitutive elements of the crime of disrupting the order of the court?
Lawyer answers:
The object of this crime is the normal activity and order of the court to hear the case. The courtroom is the place where the people's courts exercise the state's judicial power, hear litigation cases, and conduct litigation activities. The Tribunal has great dignity and seriousness. Court order refers to the order that litigation participants and observers are required to abide by and maintain in order to ensure the normal and smooth progress of various activities in the court's trial of litigation cases. Seriously interfering with court order is an act of contempt for state power and gross trampling on the law.
This crime is objectively manifested in the perpetrator's conduct of gathering a crowd to make a noise, storming the courtroom, or beating judicial personnel, seriously disrupting courtroom order. The so-called gathering of crowds refers to the gathering or entanglement of more than 3 people, and the so-called noise refers to activities such as making noise, making noise, disturbing things, making noise, accusing, slandering, insulting, and making noise in or around the courtroom, so as to interfere with the normal conduct of trial activities. Assault on judicial personnel, i.e., assaulting judicial personnel in the performance of their official duties in court, including judges, jurors, prosecutors, bailiffs, clerks, etc. Assault of a judicial official who is preparing to participate in the assault outside the courtroom shall also be considered as assault of a judicial official for this offence.
The subject is a general subject and is limited to natural persons. In the subjective aspect, it is manifested as intentionality, that is, knowing that one's behavior may lead to a result that is harmful to society, but still carrying out the act, and having an attitude of hope or trust in the occurrence of the result.
The lawyer adds:
The constitution of the crime of disrupting courtroom order is a necessary condition for the constitution of serious circumstances, and only conduct that seriously disrupts courtroom order is of considerable harm to society and constitutes the crime of disrupting courtroom order.
Legal basis] Criminal Law of the People's Republic of China
Article 309: [Crime of Disrupting Courtroom Order] Whoever commits any of the following circumstances of disrupting courtroom order shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or a fine:
1) Assembling a crowd to make a ruckus or storm the courtroom;
2) Assaulting judicial personnel or litigation participants;
3) Insulting, slandering, or threatening judicial personnel or litigation participants, not listening to the court's stops, and seriously disrupting courtroom order;
4) There is conduct that disrupts courtroom order, such as destroying courtroom facilities, snatching or destroying litigation documents or evidence, and the circumstances are serious.