First of all, if ZhangJike really spread the private videos of actresses, then he may have committed the crime of spreading obscene articles. This crime refers to the serious act of spreading obscene books, films, videos, tapes, pictures and other obscene articles that specifically describe sexual behavior or publicly publicize pornography. According to Article 364 of the Criminal Law, such acts can be punished with fixed-term imprisonment of not more than two years, criminal detention or public surveillance? . If you make, copy, publish, sell or disseminate obscene articles for profit, the charges and penalties will be heavier.
Secondly, if ZhangJike shows the actress's private videos to others, even if it does not constitute the crime of spreading obscene articles for profit, it also violates the actress's right to privacy. This right refers to the quiet private life of a natural person, as well as private space, private activities and private information that others don't want to know. According to the provisions of Articles 1032 and 1033 of the Civil Code, no organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. No organization or individual may photograph, peep, eavesdrop or disclose other people's private activities; Shooting, peeping into other people's private parts, etc? . If this kind of behavior exists, the victim may ask the infringer to bear civil liabilities such as stopping the infringement, eliminating the influence, restoring the reputation, making an apology or making compensation.
Thirdly, if ZhangJike mortgages the private video of the actress to the creditor, or conspires with the creditor to blackmail the actress, then he may be suspected of extortion. This crime refers to the illegal possession of the victim's public and private property by means of intimidation, threats and coercion for the purpose of illegal possession. According to Article 274 of the Criminal Law, such acts can be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine; If the circumstances are serious or there are other particularly serious circumstances, a heavier punishment may be imposed.
Finally, if netizens and bloggers damage ZhangJike's reputation by publishing false information, they may have infringed ZhangJike's reputation right. This right refers to the social evaluation of the moral character, reputation, talent and credit of the civil subject. According to the provisions of Articles 1036 and 1037 of the Civil Code, no organization or individual may fabricate or distort facts and infringe upon the reputation rights of others; Failing to fulfill the obligation of reasonable verification of the seriously inaccurate content provided by others, and infringing on the reputation right of others; Anyone who uses insulting words to belittle the reputation of others must bear corresponding legal responsibilities. If this kind of behavior exists, the victim may ask the infringer to bear civil liabilities such as stopping the infringement, eliminating the influence, restoring the reputation, making an apology or making compensation.
In addition, if netizens and bloggers deliberately fabricate and spread fictional facts, which is enough to degrade ZhangJike's personality and destroy his reputation, and the circumstances are serious, they may also commit the crime of defamation. This charge refers to deliberately fabricating and spreading fictional facts, which is enough to degrade the personality and damage the reputation of others, and the circumstances are serious. According to Article 246 of the Criminal Law, such acts can be punished with fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, with or without a fine; If the circumstances are particularly serious, a heavier punishment may be imposed.
However, the authenticity of ZhangJike's gambling has not been officially confirmed or denied. At present, the information circulating on the Internet about gambling in ZhangJike mainly includes the following:
One is that ZhangJike 18 was expelled from the national team for illegal sports gambling. This statement is based on a screenshot of a newspaper in 2004, which said that ZhangJike gambled in a casino, involving as much as 300,000 RMB, and borrowed someone else's bank card and ran away. However, the authenticity and credibility of the screenshot of this newspaper have yet to be verified, and neither ZhangJike nor the national team responded.
-The other is that ZhangJike was photographed gambling in a casino in Phnom Penh, Cambodia in September 20 14. This statement is based on photos of flights and casinos to Phnom Penh revealed by some netizens and scalpers. But these photos have not been confirmed or denied by ZhangJike or the national team.
Secondly, if ZhangJike really gambles, then he may have committed a gambling crime. This crime refers to gambling in public places, public transport, entertainment places or other people's houses for the purpose of making profits or providing conditions for gambling in any way. According to Article 303 of the Criminal Law, this behavior can be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine; If the circumstances are serious or there are other particularly serious circumstances, a heavier punishment may be imposed.