Article 246 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever publicly insults others by violence or other means, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control 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.
The so-called insult crime refers to the act of insulting or damaging the personality and reputation of others by violence or other means, and the circumstances are serious. The main feature of this crime is that the object of infringement is the personality and reputation of others.
Objective insults mainly include violent insults, verbal insults and written insults; The act of insulting others must be conducted in public; At the same time, insults must be directed at specific people. Subjectively, it is direct and intentional, with the purpose of belittling and damaging the reputation of others, which constitutes this crime and must be an act with serious circumstances, otherwise it does not constitute a crime.
Article 22, paragraph 1, item 3 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security stipulates that anyone who publicly insults others, but not serious enough for criminal punishment, shall be detained for not more than 15 days, fined not more than 200 yuan or given a warning.
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Case: betrayed by "girlfriend"? The man was arrested for throwing shit to vent his anger.
201June and July1kloc-0/Changyang divorced man Zhang had an affair with a married woman, and the woman found another lover. After being betrayed by his "girlfriend", the man sneaked into his home twice, smashed furniture and spilled excrement in her home to vent his anger. After being detained by the police for illegally invading other people's houses, he still bears a grudge and secretly formulates a "revenge plan." The police found a clue.
On the 9th, after being patiently persuaded and educated by the police in the detention center, the man untied his heart and voluntarily gave up the "revenge plan", saying that he would leave "sadly" and go to work in other places.
Zhang found that the woman was suddenly lukewarm to herself, and then she ignored him. After tracking, Zhang found that the woman had a new "boyfriend". It makes me angry to think that I have paid too much affection and money for her in recent years.
So, I want to take this opportunity to get back at that ungrateful woman. In mid-May and early June, Zhang broke into the room twice and smashed the furniture in the woman's home. In order to avenge himself, one day in late June, Zhang threw a bucket of shit at the woman's door. After the local police station received the victim's alarm, after verification and summons, the suspect Zhang truthfully confessed his illegal behavior. The police imposed administrative detention on him according to law.
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law
Baidu Encyclopedia-Regulations of the People's Republic of China on Administrative Punishment of Public Security
People's Network-betrayed by "girlfriend"? The man was arrested for throwing shit to vent his anger.