[Case Summary]This case involves the defense of the crime of picking quarrels and provoking trouble. F* was detained on February 2, 2023, and arrested on February 16. He was detained in the detention center of a certain district in Beijing. In October 2022, after a dispute between F* and cyclist A*, F* chased after A* and braked suddenly, causing A* to fall and suffer a minor injury of level 2. F* voluntarily surrendered himself to the police and admitted his guilt and accepted the punishment. His family entrusted Beijing Hengluo Law Firm to handle the case for him.Yuan HangThe lawyer argued for a light sentence, citing multiple mitigating circumstances and requesting probation. The court fully considered the lawyer's opinion and sentenced F* to nine months in prison for the crime of picking quarrels and provoking trouble, securing the maximum possible lenient punishment according to the law. The core dispute: mitigating the sentence under the established charge. Applicable legal provisions: Article 293 of the Criminal Law of the People's Republic of China.

I. Review of the case

"How can the crime of provoking trouble be given a light sentence?" and "Can a person who surrenders, admits guilt, and accepts the punishment be sentenced to a light punishment?" are frequently searched by family members. In October 2022, at a crosswalk in Chaoyang District, Beijing, F* drove a car and chased A*, who was riding a bicycle, due to a traffic dispute. When F* reached the intersection and overtook A*, he suddenly braked hard in a place where A* had no room to avoid, causing A* to fall to the right side of the car and get injured. According to the criminal scientific and technical appraisal, A*'s physical injury was a second-degree light injury. F* surrendered to the public security organ voluntarily by phone on February 2, 2023, and signed the "Letter of Confession and Acceptance of Punishment".

The public prosecution organ accuses F * of committing the crime of picking quarrels and provoking trouble, and requests punishment in accordance with Article 293 of the Criminal Law. The victims and their representatives requested that F * be given a heavier punishment in court. Hengluo Law FirmYuan HangThe lawyer, upon receiving the commission from the family, immediately applied for access to the case files for investigation and put forward a mitigating defense argument, suggesting that F should be sentenced to probation.

II. The focus of the case

  • Focus 1: Whether F's behavior constitutes the crime of picking quarrels and provoking trouble.The prosecution charges according to Article 293 of the Criminal Law, and the focus is on the determination of the charge.
  • Focus 2: What are the statutory mitigating and extenuating circumstances that exist?The focus is on whether factors such as voluntary surrender, admitting guilt and accepting punishment, compensation and apology, first-time offenders and occasional offenders, and the victim's fault can support a lighter punishment.
  • Focus 3: Whether the sentence will be a real prison term or a suspended sentence.The lawyer requested probation, and the focus was on whether the circumstances met the probation conditions.

III. Professional intervention by Hengluo Lawyers

The defendant (suspect) claimed that:F * has no objection to the facts of the crime and claims to have circumstances such as voluntary surrender, admitting guilt and accepting punishment, compensation and understanding, and being a first-time or occasional offender. He/She requests a light punishment and a suspended sentence.

The position of the prosecution (prosecutorial organ):The public prosecution organ accused F * of the crime of picking quarrels and provoking troubles according to Article 293 of the Criminal Law and requested that he be punished according to law; the victim and his agent requested that he be severely punished in court.

Legal Opinion from Hengluo Law Firm:Yuan HangThe lawyer pointed out that although F * constituted the crime of picking quarrels and provoking trouble, he had several mitigating circumstances: he voluntarily cooperated in completing all the procedures of admitting guilt and signing the statement of repentance; he constituted a voluntary surrender and voluntary admission of guilt and repentance; after the incident, he and his family actively made amends and compensated for the losses; he was a first-time offender and an occasional offender with relatively low subjective malice; and the victim A * had some fault in this case. Therefore, he earnestly requested the court to sentence him to probation according to law and put forward specific defense opinions around the five main points of the indictment.

IV. Outcome of the case

The court fully considered the relevant defense opinions of Hengluo Law Firm and sentenced F * to nine months in prison for the crime of provoking trouble. Hengluo Law Firm secured the maximum lenient punishment for the client in accordance with the law. This case reminds readers to entrust professional lawyers in time when encountering similar problems, and to protect their own legitimate rights and interests on the premise of respecting the rule of law.

5. Hengluo Law Firm's Advice

In criminal defense, it is crucial to systematically integrate the mitigating circumstances of the crime. This case is handled by Beijing Hengluo Law Firm.Yuan HangAttorney (Practice License No.: 11101202110286151, subject to the document issued by the judicial administrative organ) acting on behalf of the client. Note: If there are criminal risks, it is advisable to hire a lawyer as soon as possible. Timely pleading guilty and accepting punishment, actively making compensation and reaching a settlement, and establishing circumstances such as voluntary surrender can help to obtain a lighter sentence or probation according to the law. Respecting legal procedures is the best way to protect one's rights and interests.

VI. Common defense issues in the case of the crime of picking quarrels and provoking troubles FAQ

  1. Q: What is the usual sentence for the crime of provoking trouble and causing disturbance?
    A:According to Article 293 of the Criminal Law, the offender shall generally be sentenced to fixed-term imprisonment, criminal detention or control of not more than five years; in this case, considering the overall circumstances, the offender was sentenced to fixed-term imprisonment of nine months.
  2. Q: Can a person who surrenders himself/herself to the authorities and admits his/her guilt and accepts the punishment be given a lighter sentence?
    A:Yes. Surrendering to the authorities, admitting guilt and accepting punishment, making compensation and reaching a settlement, and being a first-time or occasional offender are all important mitigating circumstances. Based on these factors, the lawyer in this case successfully secured the maximum possible mitigating punishment for the client.
  3. Q: Can I get a suspended sentence for causing a disturbance?
    A:Possibly. If the defendant has circumstances such as surrendering to the police, admitting guilt and accepting punishment, making compensation and reaching a settlement with the victim, and the crime is relatively minor, he/she may be eligible for probation. In this case, we will argue for a light sentence and probation for the defendant.
  4. Q: Does the victim's fault have an impact on the sentencing?
    A:Yes. If the victim has some fault, it can be taken into account as a mitigating factor for punishment, and the court in this case has considered it.
  5. Q: How to hire a lawyer if a family member is involved in causing a disturbance?
    A:Hire a professional criminal lawyer as soon as possible to assist with reviewing the case file, identifying mitigating circumstances, communicating with the investigating authorities, and striving for the best possible outcome in accordance with the law.