Traditional Culture Encyclopedia - Hotel franchise - Is it a crime to smash things in a hotel and slap the staff?

Is it a crime to smash things in a hotel and slap the staff?

Hello, it may constitute trouble or public security punishment. The crime of stirring up trouble refers to the behavior that the perpetrator arbitrarily provokes, beats and harasses others at will, or destroys or occupies public or private property at will, or makes trouble in public places, thus causing serious damage to social order, thus constituting a crime. The following four aspects are required to constitute the crime of stirring up trouble: (1) The subjective aspect is direct intention; (2) Subjects: at least 16 years old; (3) The objective performance is: beating others at will, and the circumstances are bad; Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; Forcing or arbitrarily damaging or occupying public or private property, if the circumstances are serious; Accommodating people in public places, causing serious disorder in public places; (4) The object of the crime of stirring up trouble is public order. Whoever beats others at will, if the circumstances are bad and conform to the circumstances stipulated in Article 2 of the judicial interpretation, shall be convicted and punished according to the crime of stirring up trouble. Whoever arbitrarily destroys hotel articles shall be convicted and punished according to the crime of stirring up trouble when reaching the standards stipulated in Article 4 of the judicial interpretation. Article 293 of the Criminal Law of People's Republic of China (PRC): Whoever commits one of the following acts of provoking troubles and disrupting social order 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.

Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray: In any of the following circumstances, it shall be deemed as "bad circumstances" as stipulated in Item 1 of Paragraph 1 of Article 293 of the Criminal Law:

(1) Causing one or more minor injuries or two or more minor injuries;

(2) Causing serious consequences such as mental disorder and suicide of others;

(3) repeatedly beating others at will;

(4) beating others at will with a murder weapon;

(five) beating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors at will, causing adverse social impact;

(six) beating others at will in public places, causing serious disorder in public places;

(seven) other vile circumstances.

Article 4 Whoever extorts money or arbitrarily damages or occupies public or private property and disturbs social order shall be deemed as "serious" as stipulated in Item 3, Paragraph 1, Article 293 of the Criminal Law:

(1) extorting public or private property worth more than 1,000 yuan, or arbitrarily damaging or encroaching on public or private property worth more than 2,000 yuan; (two) repeated extortion or arbitrary damage, occupation of public and private property, resulting in adverse social impact;

(three) extortion or arbitrary destruction, occupation of mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, resulting in adverse social impact;

(4) Causing serious consequences such as mental disorder and suicide of others;

(five) seriously affect the work, life, production and operation of others;

(six) other serious circumstances.