To what extent will you file the evidence of swearing? Generally, some people have contradictions in their places, and there will be quarrels where there are contradictions, and quarrels are quarrels. It is not wise to treat swearing rationally. To what extent will you file the following dirty words?
To what extent will you file the evidence of swearing? 1 If swearing to the following extent is suspected of creating a crime of stirring up trouble, the public security organ will generally file a case:
1, repeatedly abusing others, causing adverse effects;
2. Carrying weapons to insult, intimidate or chase others;
3. Ill-treating the mentally ill, the disabled, vagrants and beggars and other vulnerable groups, causing adverse social impact;
4. Abuse of others leads to serious consequences such as mental disorder and suicide;
5, seriously affect the work and life of others.
Legal basis:
Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of affray, Chasing, Interception, Insulting, Intimidating Others and Disturbing Social Order shall be deemed as "bad circumstances" as stipulated in Item 2, Paragraph 1, Article 293 of the Criminal Law:
(1) Chasing, intercepting, abusing or intimidating others for many times, resulting in adverse social impact;
(2) Chasing, intercepting, abusing or intimidating others with a murder weapon;
(3) Chasing, intercepting, abusing or intimidating mental patients, the disabled, vagrants and beggars, the elderly, pregnant women and minors, thus causing adverse social impact;
(4) Causing serious consequences such as mental disorder and suicide of others;
(five) seriously affect the work, life, production and operation of others;
(six) other vile circumstances.
Will swearing leave a criminal record?
It depends on whether it involves public security punishment or criminal punishment. If it is public security, it will not leave a criminal record.
Abuse of others can be punished by public security, and if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
The Constitution of China stipulates that the personal dignity of the people and citizens of China is inviolable. It is forbidden to insult, slander, falsely accuse or frame citizens in any way.
According to the relevant provisions of the Public Security Administration Punishment Law, anyone who publicly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than 500 yuan. If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. If the content of the curse belongs to fiction, it may constitute a violation of the right of reputation, or it may constitute a crime of libel and insult, and it can be brought to court.
Legal basis: Article 286 of the Criminal Procedure Law of People's Republic of China (PRC) * * * If he was under the age of 18 at the time of committing the crime and was sentenced to fixed-term imprisonment of not more than five years, the relevant criminal records shall be sealed.
If the criminal record is sealed, it shall not be provided to any unit or individual, except for the need of judicial organs to handle cases or the relevant units to make inquiries in accordance with state regulations. Units that inquire according to law shall keep the sealed criminal records confidential.
Will you be detained for swearing?
May be detained. Insulting others' public security punishment, be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: publicly insulting others or fabricating facts to slander others; Fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment. If the content of the curse is fiction, it can constitute infringement of reputation, slander or insult, and it can be brought to court.
Legal basis: People's Republic of China (PRC) Criminal Law Amendment, 42 pages. Article 293 of the Criminal Law is amended as: Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
To what extent will you file the evidence of swearing? 1. Can I sue for being abused by others?
You can collect evidence and go to court to ask the other party to eliminate the influence, compensate for the losses and apologize. Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
If the degree of abuse is very serious, such as long-term abuse, fabricated facts abuse or violent abuse, you can file a criminal complaint with the public security organ, asking the public security organ to file an investigation, investigate the criminal responsibility of the perpetrator for the crime of insult and slander, and ask the perpetrator to compensate for the losses. This situation belongs to a criminal case, so it cannot be directly prosecuted in court, and it needs to be prosecuted in public security organs.
Restoration of reputation, elimination of influence and apology can be in written form or oral form, and the contents must be examined by the people's court in advance. The scope of restoring reputation and eliminating influence should generally be equal to the scope of adverse effects caused by infringement.
If a citizen or legal person claims compensation for the infringement of his reputation right, the infringer shall compensate the economic losses caused by the infringement; If citizens jointly request compensation for mental damage, the people's court may make a discretionary judgment on the consequences of mental damage to the victim according to the degree of fault of the infringer and the specific circumstances of the infringement.
Second, what are the forms of infringement of the right of reputation?
1, insult
Insult refers to the act of deliberately degrading the personality and damaging the reputation of others through words, words or actions. The subjective state of insulting behavior should be intentional, and its way can be words, words or actions, or a mixture of the above-mentioned centralized ways.
Step 2 slander
Defamation refers to the act of intentionally or negligently spreading false facts about others, which leads to the degradation or damage of others' reputation. The subjective state of slander can be intentional or negligent, and its way can be words, words or any other way to spread false facts.
3. What are the conditions for determining the infringement of the right of reputation?
1. The actor objectively has a fact that damages the reputation of others and is known by a third party. The infringer has insulted or slandered. The so-called insult refers to the act of publicly damaging the personality and reputation of others by words or actions. Insult can be done orally or by behavior.
2. The actor is subjectively at fault. From a legal point of view, the subjective fault of public figures in bringing a lawsuit of reputation infringement should be based on whether the actor has actual malice. Even if there is no actual malicious behavior, it should not be considered as infringement.
3. The object of infringement should be a specific person. A specific person refers to a specific natural person or legal person.
To sum up, if the consequences of being insulted are serious and the circumstances of insulting behavior are serious, the parties concerned can file a criminal private prosecution in the court and ask the court to investigate the legal responsibility of the other party for insulting crimes. At the same time, the other party is also required to stop this kind of behavior and bear civil compensation, including apology, compensation for losses and cessation of infringement.
To what extent will the abusive person present evidence? Does insulting people constitute a crime? To what extent will abuse be criminally filed?
Freedom of speech is a valuable right given to citizens by law, but no freedom can be unlimited, but within a certain range. For example, the law gives the right to demonstrate, but it can only be carried out on the premise of not damaging national sovereignty and public interests, otherwise it will be suppressed.
Freedom of speech should also be within the scope permitted by law. If you maliciously insult and slander others, or even publish rumors that undermine national unity, it is very likely to constitute a crime. Therefore, you can speak freely, but you can't be outspoken and irresponsible.
Case sharing:
In August, 2002, Yang of Taicang City heard that Huang, the general manager of a private enterprise, was charitable and went to a dead end. He decided to try his luck. One day, he came uninvited and offered to borrow 500,000 yuan from Huang. Huang met strangers and refused to lend them. He contacted the security guard to drive Yang out of the company.
Yang Can is worried that he can't borrow money. In retaliation, he falsely reported Huang in the name of the boyfriend of the jane doe employee of the company, claiming that the other party had a bad relationship with three women, A, B and C. One of them was an illegitimate child of A * * * * and was caught by the defense team in a car accident with B. At the end of the report letter, Yang also left the words "Please ask the relevant leaders to save Huang".
This letter was put into the company's report mailbox by Yang, but he still felt that it was not Japanese enough. On June 8, 2002 165438+ 10/KLOC-0, the contents were printed as posters and publicity maps, and posted in the company lobby, parking lot, external walls, and even government gates, staff quarters and food market gates.
The next day, Huang released a forged map in the company and ordered employees to tear it down immediately. He learned that it was Yang's behavior and sued the court, demanding that the other party be investigated for criminal responsibility, and publicly apologized to restore his reputation. Yang argued that he didn't know these things, and everything was just hearsay.
This excuse is offensive, but it's really not a good excuse. Even if it is hearsay, it may be a crime of libel to publicize things that are not true or false. In the end, the court verified that the contents of the report letter were purely fabricated and sentenced the defendant Yang to one year in prison for libel.
Case study:
Generally speaking, defamatory content has been clicked and viewed more than 5000 times, or has been developed more than 500 times; Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives; Those who have received administrative punishment for libel and slander others within two years meet the standards for filing libel cases.
Yang posted and publicized information that he didn't know was true or false at will, which caused a storm in the city and caused serious damage to Huang's reputation and company image. It should be considered serious. According to Article 246 of China's Criminal Law, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Excessive cursing may lead to arrest and imprisonment like Yang. In fact, swearing can not only commit libel, but also insult and stir up trouble. For Yang, fabricating facts and spreading rumors can be regarded as an insult, so does it constitute an insult?
Both the crime of insult and the crime of libel damage the personality of others, but there are great differences between them: the crime of libel must be fabricated content, and the crime of insult must be true content; Defamation generally takes the form of oral and written words, and insults are violent; Defamation is often spread in public or through the third platform, while insult is carried out in front of the victims.
In Yang's case, if he insults and beats in front of Huang, and the facts of his complaint are true, he is suspected of committing insult. The sentencing of the crime of insult is similar to that of libel, and both of them are sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
It is worth mentioning that these two kinds of charges are handled only after being informed. Considering the subjective emotional will of the victim, the court will accept the case only after the injured party files a private prosecution. However, not all libel and insult need to be prosecuted. If they seriously endanger social order and national interests, such as slander and insult, causing casualties, public anger, endangering international relations, etc., they will be directly prosecuted by the procuratorial organs.
As mentioned above, swearing may not only lead to the crime of libel and insult, but also constitute the crime of provoking trouble. Under what circumstances can we reach the filing standard of picking quarrels and making troubles? Does Yang in the appeal case have the behavior of seeking trouble?
Generally, picking fights includes the following four behaviors: ① beating others at will, and the circumstances are bad; (2) Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Gathering people to make trouble in public places, causing serious disorder in public places.
According to Article 293 of China's Criminal Law, whoever stirs up troubles and disrupts social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Yang's main way is to post false words, and the crime of picking quarrels and provoking trouble is similar to the crime of insult, usually accompanied by provocative behavior, so it cannot be judged as the crime of picking quarrels and provoking trouble.
If you swear to a certain extent, you are suspected of committing a crime. So, what is a degree? Generally, it is necessary to judge whether the abusive content demeans the reputation of others and seriously affects their lives according to the unbearable degree; Whether the abused object is a hero; Whether the abuse is accompanied by chasing and beating; Whether it seriously disrupts social order, etc.
Among them, insulting the heroic spirit may also constitute the crime of insulting the heroic spirit. It can be seen that swearing can't be scolded casually. As a normal person, everyone exists in secular desires and anger, which often exist when they need to vent. There is no need to scold. This is human nature, but we also need to pay attention to content, object and behavior. Otherwise, it is really wrong to go to prison because of a temporary temper.