What is the crime of harassment by chatting online? Many people will receive spam messages and sales calls, and will receive harassing messages, which will affect their normal lives. Is a violation of the public security administration punishment law, the parties can report to the public security organs. Let's see what kind of crime online chat harassment belongs to.
What is the crime of harassment by chatting online? 1 Is online harassment a crime?
Internet harassment is a crime, and citizens' rights of body and personal dignity are illegally violated, so they have the right to request compensation for mental damage from the people's court. Therefore, if citizens have sufficient evidence to prove that they have been sexually harassed and their personal dignity and body rights have been violated, they can bring a lawsuit to the court and ask the infringer to stop the infringement, apologize and compensate for economic losses.
Relevant legal knowledge
Public security administration punishment law
Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
Criminal law of the people's Republic of China
Article 237
Whoever forcibly molests others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.
Article 238
Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs. Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
What is the crime of harassment by chatting online? Details of harassment that can be reported to the police are as follows:
1. The perpetrator writes threatening letters or threatens the personal safety of others by other means;
2. The actor publicly insults others or fabricates facts to slander others, which interferes with the normal life of others;
3. If the actor sends obscene, insulting, threatening or other information that interferes with the normal life of others for many times, it belongs to voyeurism, sneak shot, eavesdropping and spreading the privacy of others.
II. The criteria for filing the crime of harassment are as follows:
1, writing threatening letters or threatening the life safety of others by other means;
2. Insult others or fabricate facts to spread rumors about others;
3. Fabricating facts and slandering others with the intention of making others be investigated by laws and regulations;
4. Sending insulting or threatening information for many times, interfering with the normal life of others;
5. Peep, eavesdrop or spread others' privacy. Anyone who has one of the above menstruation shall be detained for less than 5 days or fined less than 500; If the circumstances are serious, he shall be detained for more than 5 days 10 and fined.
To sum up, as long as it has a serious adverse impact on life, you can call the police. Defend your rights and interests. The perpetrator writes threatening letters or threatens the personal safety of others by other means; If the actor publicly insults others or fabricates facts to slander others, it will interfere with the normal life of others; If the perpetrator repeatedly sends obscene, insulting, threatening or other information that interferes with the normal life of others, it belongs to voyeurism, sneak shot, eavesdropping and spreading the privacy of others.
What is the crime of harassment by chatting online? 3. How to deal with the economic dispute harassment alarm:
After an economic dispute is reported to the police, the police will first warn the harasser and ask him to solve the economic dispute through legal channels. If the parties continue to harass, the public security organs may impose administrative penalties on public security. According to Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, anyone who commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
Second, what is the process of prosecuting civil economic disputes?
(1) Prosecution and acceptance:
Prosecution is an act that the parties request the people's court to protect their legitimate rights and interests and request the people's court to try the case according to law. The people's court applies the principle of "no prosecution" to civil cases. Therefore, the procuratorial organ can start the litigation procedure and start the litigation activities. It is an important litigation right of the parties. Only when the people's court effectively exercises the right to appeal can it start the proceedings.
(2) Preparation before trial:
After accepting a case, the people's court shall make good preparations before the court session. Including sending a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt; Inform the parties of their litigation rights and obligations; Form a collegial panel and inform the parties within three days; Consult litigation materials or conduct necessary investigations and collect necessary evidence.
(3) court trial:
When trying a civil case, the people's court shall notify the parties and other litigants three days before the opening of the court session, which shall generally be conducted in public. The trial process is divided into court investigation; Court debate; Consulting the plaintiff, the defendant and the third party; Mediation is possible; Judge. A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case; If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is really necessary, it shall be reported to the Higher People's Court for approval.
(4) Judgments and rulings:
After the court debate, the people's court shall make a judgment according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time and all judgments shall be announced.