How to judge the crime of invading others' privacy?
According to Article 42 of China's Law on Public Security Administration Punishment, anyone who peeks, takes candid photos, eavesdrops or spreads others' privacy shall be detained for less than 5 days or fined for less than 500 yuan; If the crime of invasion of privacy is serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.
How to punish infringement of others' privacy;
Invasion of others' privacy is an infringement. If the infringement does not cause certain harm and results to others, then the infringer should bear the corresponding liability for compensation, including certain compensation for mental damage. There is no need to bear criminal responsibility for this kind of infringement without causing harm.
However, it does not mean that all infringements do not constitute crimes. According to the provisions of China's criminal law, anyone who needs to illegally search another person's body or residence or illegally invade another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Judicial staff who abuse their powers in the process of law enforcement will be severely punished once they are found. If there are acts of concealing, destroying or illegally opening other people's letters without other people's permission, such acts seriously violate citizens' right to freedom of communication. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention.
Postal workers working in post offices who open other people's letters without permission or conceal or destroy other people's mails and telegrams need to be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
The following acts belong to the category of invasion of others' privacy:
1. Make public a citizen's name, portrait, address and various private information without his permission.
2, without the permission of others, illegally break into other people's houses, search or destroy the peace of life of other people's houses, causing certain adverse social impact and harming the interests of others.
3. Without others' permission, illegally follow others' daily lives, monitor others' residences, install some eavesdropping tools and lenses, spy on others' private lives, and make others' daily lives monitored.
4. Illegally investigate the property status of others without the permission of others, and illegally disclose the property status of others without the permission of the parties.
5. Opening other people's letters or private documents without permission and publishing their contents, causing certain losses and adverse effects to the parties concerned.
6. Investigate other people's social relations and family members without their permission, and make the results public.
Article 38 of the Constitution of People's Republic of China (PRC) stipulates that the personal dignity of People's Republic of China (PRC) citizens is inviolable. No one is allowed to insult citizens. Article 39 of the Constitution stipulates that the houses of the people and citizens of China shall be protected by law and shall not be infringed upon by anyone. Illegal search and illegal intrusion into citizens' houses are prohibited. Article 40 of the Constitution stipulates that the people of China and citizens of China have the right to freedom of communication, and its contents are protected by law. If it is not for the needs of criminal investigation by state organs, no organization or any reason may infringe on citizens' freedom and privacy of communication. I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1032 of the Civil Code.
Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.
Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.