Is it a crime to organize letters and visits
Normal letters and visits are not a crime, but if the organization does something illegal and criminal, it is a crime.
How to deal with illegal and criminal acts in letters and visits
First, the handling of illegal and criminal acts in the petition activities
(1) It is the first time to commit an illegal act, and the illegal act is minor, and the actor can get a correct understanding through education, and clearly indicate that he will no longer appeal illegally and make a repentance.
Can be given a lighter, mitigated or exempted from punishment according to law. To dissuade and criticize the ineffective education, according to the provisions of Article 47 of the Regulations on Letters and Visits, the public security organs shall give warnings and admonitions according to law. Be warned, admonished or
Those who stop, continue or commit illegal and criminal acts again will be resolutely cracked down according to law.
(two) the petition has been terminated according to law, or has signed an interest report agreement and actually accepted the corresponding compensation.
Helping or still carrying out illegal and criminal acts of letters and visits on the same letter and visit matter; Being administratively detained for more than 2 times because of illegal petition, or refusing to change after being sentenced to punishment, and continuing to carry out illegal and criminal acts of petition; group
Organizers and key elements who organize, direct, connect, incite and finance illegal letters and visits should be severely punished according to law.
Second, the handling of visits to relevant state organs.
(1) illegally gathering in or around the office of a state organ, or gathering people to block the door of a state organ, impact the office of a state organ, smash or intentionally damage the office of a state organ.
Public and private property, blocking vehicles, blocking traffic, etc. Disturbing the office order and social public order, and being dissuaded and criticized by the staff of relevant state organs as ineffective, is in line with Article 23 of the People's Republic of China (PRC) Public Security Administration Punishment Law.
The provisions of article, to gather people to disturb the order of the unit, shall be punished according to law; If the circumstances are so serious that the work of state organs cannot be carried out, resulting in serious losses or significant social impact, it shall be dealt with in accordance with the Criminal Law of People's Republic of China (PRC).
Article 290 If the case constitutes a crime, the ringleaders and other active participants shall be investigated for criminal responsibility according to law for the crime of gathering people to disturb social order or for the crime of gathering people to attack state organs.
(2) At home
Posting, distributing materials, shouting slogans, posting banners, dressing, playing funeral music and displaying form paper in public places such as offices, stations, docks, shopping malls, parks, squares and crowded roads and their surroundings.
Or jump into the river, jump off a building, jump off a bridge, climb buildings, iron towers, chimneys, telephone poles, trees, etc., and during large-scale mass activities such as culture and sports or major conferences at home and abroad,
In the venues, activity areas or venues around the implementation of the above-mentioned acts, after dissuasion, criticism and education is ineffective, in accordance with the provisions of Article 23 and Article 24 of the "People's Republic of China (PRC) Public Security Management Punishment Law", it belongs to disturbing public places.
Order or disturb the order of large-scale activities, shall be punished according to law. If the circumstances are serious, resulting in serious consequences, which constitute a crime in accordance with the provisions of Articles 290 and 291 of the Criminal Law of People's Republic of China (PRC), the first sentence shall be imposed.
Political figures and other active participants shall be investigated for criminal responsibility according to law for the crime of gathering people to disturb public order or the crime of gathering people to disturb social order.
(three) hinder the staff of state organs to perform their duties according to law, strong
Rushing into the warning tape and the warning zone set by the public security organs, or obstructing the passage of vehicles such as fire engines, ambulances, engineering rescue vehicles, police cars, etc. performing emergency tasks, conforms to the provisions of Article 50 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment.
The provisions of the first paragraph of the second, third and fourth, hinder the performance of duties, hinder the passage of special vehicles, rushed into warning tape, warning zone, shall be given administrative penalties for public security; Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.
Punishment; Whoever obstructs state functionaries from performing their duties according to law by violence or threat constitutes a crime in accordance with the provisions of Article 277 of the Criminal Law of People's Republic of China (PRC), shall be investigated for criminal responsibility for the crime of obstructing official duties according to law.
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(4) Those who self-injure, self-injure or commit suicide by arson, explosion or other dangerous methods, and those who drive a motor vehicle into a public place at will, thus endangering public safety, constitute a crime and endanger the public by dangerous methods in accordance with the provisions of the first paragraph of Article 114 and Article 115 of the Criminal Law of People's Republic of China (PRC).
(five) beating others or intentionally hurting others' bodies, in line with the provisions of Article 43 of the People's Republic of China (PRC) Public Security Administration Punishment Law, shall be punished according to law; According to China.
If the provisions of Article 234 of the Criminal Law of People's Republic of China (PRC) constitute a crime, criminal responsibility shall be investigated for intentional injury according to law. Knowing that he has AIDS or other serious infectious diseases, he intentionally hurts him by biting or scratching.
If a crime is constituted in accordance with Article 234 of the Criminal Law of People's Republic of China (PRC), criminal responsibility shall be investigated for intentional injury according to law.
(6) Inciting or planning an illegal assembly, procession or demonstration.
Wei, who did not listen to dissuasion and complied with the provisions of Article 55 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, incited and planned illegal assemblies, processions and demonstrations, and was given administrative penalties for public security according to law; Hold an assembly, a procession, a demonstration
Without the permission of the competent authority, activities are not carried out in accordance with the purpose, mode, slogan, starting and ending time, place and route approved by the competent authority, or situations that endanger public security and disrupt social order appear in the course of activities, and refuse to carry out them.
Those who obey the dissolution order and constitute a crime according to Article 296 of the Criminal Law of People's Republic of China (PRC) shall be investigated for criminal responsibility for the crime of illegal assembly, procession and demonstration. Assembly tour
If there are other illegal and criminal acts in demonstrations, legal responsibilities shall be investigated according to law.
(7) Inciting, colluding, coercing or inducing others to express their demands in an excessive way, disrupting the order of letters and visits,
In accordance with the provisions of Items 1 and 2 of Paragraph 1 of Article 23 of the Law on Public Security Administration Punishment, anyone who disturbs the order of a unit or gathers people to disturb the order of a unit shall be given administrative penalties for public security according to law. Gathering people to disturb the order of letters and visits, and the circumstances are serious
If the circumstances are serious and constitute a crime in accordance with the provisions of the first paragraph of Article 290 of the Criminal Law, the ringleaders and other active participants shall be investigated for criminal responsibility according to law for the crime of gathering people to disturb social order.
(eight) insulting, insulting, beating, threatening or intimidating the staff who perform their duties correctly in the work of letters and visits, or slandering or harassing them in the form of telephone, SMS, Internet, public signs, etc., depending on the seriousness of the case, in accordance with the "China People's
* * * People's Republic of China (PRC) Public Security Administration Punishment Law Article 42 shall be punished for public security administration. If it complies with the provisions of the Criminal Law of People's Republic of China (PRC), criminal responsibility shall be investigated according to law.
(nine) other illegal and criminal acts in the petition activities.
It is not illegal to conduct letters and visits, but it is illegal to use letters and visits to do illegal things. The department in charge of letters and visits is the discipline inspection and supervision organ. If the circumstances are relatively minor and have not brought any bad influence to the society, it is to give priority to education, supplemented by punishment, and then say that you will not break the law in the future.