Click on the above Pengyang judicial attention we 1 case to introduce Mr
. 
Yang
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During the period of organizing workers to implement the cultural square project of shangmawa village in Xinji Township, Mr
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Ma, a man from Pengyang, went to the construction site on November 2, 2016 and put forward the construction requirements to Mr
.
Yang
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After being rejected, Ma used to pull the engineering line to block the construction
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On November 4, 2016, when Ma blocked the project, the police of Xinji police station rushed to the scene to deal with it
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After treatment, Yang organized workers to continue to work
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Ma Mou C and Ma Mouding (all handled separately) came to the construction site and robbed workers shovel together with Ma Mou, which resulted in the construction being interrupted again
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Since then, Ma called more than 10 villagers to forcibly participate in the work, resulting in the project can not be carried out
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During this period, Ma also asked village cadres to drive out the workers living in the village headquarters and stop supplying water to the construction site
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It was not until the afternoon of November 9, 2016 that the public security organs arrested some villagers who were involved in disturbing the construction that Ma and others stopped blocking the construction
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On the evening of November 9, 2016, Ma fled to Guyuan City
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On the afternoon of November 11, Zhang, a man from Pengyang, knew that the public security organs were arresting Ma, and drove his car to take Ma to his home in Hongsibao District of Wuzhong City to hide
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On November 13, Zhang and his nephew drove Ma to Zhao’s home in shaquan Town, Hongsibao district for three days
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On November 18, 2016, Ma was arrested by the public security organ
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In addition, during the trial of the case, Ma and Yang reached a mediation agreement on the civil part, and paid Yang 10000 yuan of labor wages before December 31, 2017
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On June 12, 2017, the people’s Procuratorate of Pengyang County charged the defendant Ma with the crime of gathering people to disturb social order and the defendant Zhang with the crime of harboring, and filed a public prosecution with the people’s Court of Pengyang County
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After the court accepted the case, the victim Yang filed an incidental civil action on June 20, 2017 on the ground that the defendant Ma’s behavior caused economic losses to him
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The court held a public hearing on July 3, 2017
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The verdict is as follows: first, the defendant Ma committed the crime of gathering people to disturb social order and was sentenced to eight months’ imprisonment; second, the defendant Zhang committed the crime of harboring and was sentenced to six months’ imprisonment
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The court held that the defendant Ma gathered people to block the normal construction project, disturbed the social order and caused serious losses, and his behavior constituted the crime of gathering people to disturb the social order
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The defendant Zhang knew that the defendant Ma was arrested by the public security organ, but he helped the defendant Ma escape and provide a hiding place, which constituted the crime of harboring
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The public prosecution organ charged the defendant Ma with the crime of gathering people to disturb social order and the defendant Zhang with the crime of harbouring
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According to law, the defendant Ma should be sentenced to three years’ imprisonment, criminal detention, public surveillance or deprivation of political rights; and the defendant Zhang should be sentenced to less than three years’ imprisonment, criminal detention or public surveillance
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After the defendants Ma and Zhang arrive at the case, they can truthfully state the main facts of the crime, have the circumstances of confession, and can be given a lighter punishment; if the defendants Ma and the victim Yang can reach an agreement on the civil compensation part, they can be given a lighter punishment as appropriate
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Considering the circumstances, nature, social harmfulness and personal danger of the defendants Ma and Zhang, the court decided to give them a lighter punishment
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Article 3 links to paragraph 1 of article 290 of the criminal law of the people’s Republic of China if a crowd is gathered to disturb social order and the circumstances are serious, thus making it impossible for work, production, business, teaching, scientific research and medical treatment to proceed and causing serious losses, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; other active participants shall be sentenced to fixed-term imprisonment of not more than three years and criminal detention Control or deprive of political rights
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Article 310 paragraph 1 Whoever knowingly provides a criminal with hiding places or property to help him escape or make false certificates to cover up shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years
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When the construction department encounters obstacles in the normal construction, it is necessary to keep calm and avoid casualties caused by intensified contradictions; secondly, arrange personnel to communicate with each other in time or contact the village committee for negotiation
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If the other party is not willing to deal with the matter through consultation or the means of obstruction are bad, it can contact the local public security organ to stop it, so as to avoid further deterioration of the situation
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At the same time, the lawless elements and the relevant personnel who are instigated and used are warned that no unit or individual should obstruct the normal construction of the project
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If you think your own interests are damaged, you should protect your rights through legal channels to avoid violating the law
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If the lawless elements force to take the project, incite others to rush for construction materials, make trouble, buy and sell, they will be punished by law
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In addition, the general public must be vigilant and distinguish right from wrong
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If a relative or friend commits a crime, he or she should not take chances, let alone provide help
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Instead, he or she should be advised to surrender to the law and accept punishment
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Editor: Shao Mengni audit: Chen rangyun thinks it’s good, please click and “watch”.
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