Insult, slander
Criminal law:
Article 246 Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
Judicial interpretation:
Case:
Suspicion is too serious and slander kills people.
Henan Court Network 2003165438+1October 29th, Mianchi County People's Court concluded a libel case and sentenced the defendant Yang who committed suicide by taking poison to nine months' imprisonment for libel.
Defendant Yang suspected that her husband had an improper relationship with Yao in the same village, but there was no evidence. One day in March this year, Yao was walking in the market with his daughter on a bicycle, and he accidentally met Lan, who was ahead. Yang Yi turned to scold Yao for being shameless, and he couldn't tell others clearly. Yao couldn't stand the slander and committed suicide by taking poison at home a few days later.
Afterwards, Yang took the initiative to admit his mistake to Yao's family and actively compensated the victims for their economic losses. The court then made the above judgment according to law. (Mianchi County People's Court Wu Bo Zhao Ming)
Chongqing's "student suicide case caused by teacher corporal punishment" was pronounced in the first instance, and the defendant teacher was sentenced to a suspended sentence of one year.
China Youth Daily, Chongqing, August 22nd (Reporter Tian Wensheng from Sun Yuhuan) The case of "teachers' corporal punishment causing students to commit suicide" in Chongqing, which has attracted much attention, was pronounced in the first instance today, and the defendant Wang was sentenced to one year's imprisonment with a suspended sentence for one year.
This case is the first case in Chongqing in which a student committed suicide by jumping off a building in school because of resisting the rude education of a teacher, which has aroused widespread concern from all walks of life in Chongqing (this newspaper once reported).
The Yuzhong District People's Court of Chongqing Municipality found through trial that on April 12, 2003, according to the requirements of the school, Ding Ting (pseudonym) was supposed to make up lessons at 8 am and failed to arrive at school on time. Wang, her head teacher, asked her why she was late and hit her with a wooden board. In front of one of her classmates, she said, "You don't study well, you are not beautiful, and you are not even qualified to sit on the stage." During the conversation, Ding Ting kept crying in the teacher's office. 10: 30, Ding Ting returned to the classroom. The third class is Wang's Chinese class. Throughout the class, Ding Ting cried quietly on her desk and wrote a suicide note. In the suicide note, he expressed his dissatisfaction with the defendant Wang, his family and society. However, Wang did not ask about his performance in class. After class, the defendant Wang did not pay attention to his whereabouts. At about 12: 29, Ding Ting jumped from the eighth floor of the teaching building of the middle school department of the school. He died on the same day 12: 50.
The court also found that the defendant Wang often beat and scolded students when educating them. After the second semester of Grade Two, Ding Ting's academic performance declined, and he was often late and puppy love. The contradiction between Ding Ting's parents due to emotional problems has had a certain influence on her.
The court held that the defendant Wang, as a teacher who has been engaged in teaching for many years, should know that corporal punishment and the use of insulting language to students would damage his personal dignity and reputation, and he still carried out this behavior, which shows his subjective intention. Objectively speaking, the defendant Wang's insulting behavior in front of a third party has the "openness" stipulated by law, and the consequences are serious, which belongs to "serious circumstances". Therefore, the defendant Wang's behavior conforms to the subjective and objective elements of the crime of insult. Looking at the whole case, in addition to various pressures from family and society, the words and deeds of the defendant Wang are the direct causes of suicide by jumping off a building. The defendant Wang's behavior not only demeans his personal dignity and reputation, but also has serious consequences, causing bad social impact and certain social harm, and should be subject to criminal sanctions. In view of the fact that the defendant Wang committed the crime of insulting when educating students, his subjective malignancy was not deep, and he showed some remorse in the trial, and the suicide by jumping off a building was indeed caused by multiple reasons. The defendant Wang had the disciplinary conditions for probation, so probation could be applied.
His father told reporters that the sentence was too light and Wang was not suitable for probation, and he would appeal. He believes that Wang never admitted his guilt in the trial, and that he only punished the students to educate them rather than really want her, but he was considered to have some remorse in the trial. He also believes that insulting the holy school of education is more serious, and the sentence of the court of first instance is too light.
Source: China Youth Daily.
It is a crime to "worship" the living and insult others.
[Procuratorate Daily from Yanju, Yong 'an, Weishi] 20012 65438 Li Hexin and others who filed a public prosecution in Weishi County, Henan Province were found guilty of insult in the first instance: Li Hexin, Wang Yinliang and Zhang Guilin were sentenced to one year and six months' imprisonment respectively, and Song Wuqing was sentenced to one year's imprisonment.
Group 5 land in Yaozhuang Village, Daqiao Township, Weishi County was occupied by the government. The villagers disputed this and filed an administrative lawsuit with the court. On September 27th last year, Liu, a cadre of the County Land and Resources Bureau, was entrusted to appear in court as the legal representative of the fifth group of Yaozhuang Village. After the recess,,, (all villagers' representatives involved in the case) and others thought that Liu had tampered with the case and planned to insult it. On September 28, the above three people informed the villagers of the meeting on the village radio, and gave Liu a "gift" and brought small coins and yellow paper money to mourn the dead. More than 65,438+000 villagers poured into Liu's unit. Song Wuqing set off firecrackers, attracting dozens of people to watch. They put the small gift box in the yard, abused it loudly, insulted Liu in public for dozens of minutes, and then left the small gift box in Liu Jiali plausibly.
Abuse others to eat chicken manure, sue the court and sentence them to imprisonment.
A few days ago, the People's Court of Taicang City, Jiangsu Province publicly tried a case of private prosecution, and sentenced Huang, a farmer in the city, to six months' imprisonment for insulting others' mouths with chicken manure.
In September this year, Cai, a victim working in the township land management office, came to the village where the defendant was located to assist the court in handling the illegal building of another villager in the same group as the defendant. Because Cai handled the land dispute between Huang and others in advance, Huang was very dissatisfied with the result and always wanted revenge. After learning about Cai Lai Village, Huang grabbed a handful of chicken manure from the henhouse and put it in a nylon bag, ready to insult Cai in public. At noon, Huang suddenly ran to Cai, stuffed with chicken manure, and said, "If someone gives you chicken, I will give you chicken manure."
Huang's bad behavior was immediately accused by the cadres and the masses present. Summoned by the public security organs, although Huang confessed to his behavior, he had no intention of repentance. Cai, who was physically and mentally injured, took him to court and demanded that the defendant be investigated for criminal responsibility. Huang, who wanted to insult others, realized that his behavior had constituted a crime in a solemn court, saying that he only made such behavior on impulse, and apologized to Cai and asked for forgiveness. Accordingly, the court sentenced him to six months in prison.