1. If you curse someone on the phone, you cannot file a case
General insulting abuse does not cause actual serious consequences, which is generally not enough to become a crime, and it is difficult to constitute a civil infringement of reputation rights. The police or the court will not accept it, and can only use verbal abuse and insults to seriously slander one's reputation and cause serious social impacts (such as being scolded by neighbors and mistakenly thinking that one is a very bad person, etc.). This is can be accepted at any time.
The crime of insult refers to the act of insulting others in public with violence or other methods, and the circumstances are serious; in the objective aspect, it is manifested as "insult", which refers to the use of violence or other methods to slander others in public and damage the reputation of others. Behavior. The method of insult can be violence or other methods other than violence.
The so-called "violence" refers to the use of coercive methods to damage the personality and reputation of others, such as forcing others to "wear high hats" to parade, stripping off other people's clothes in public, etc. The purpose of violence here is not to damage the physical health of others. If it causes death or injury to others in the process of violence and insult, it constitutes the crime of intentional homicide or intentional injury.
The so-called "other methods" refer to the use of language, writing and other methods other than violence to insult others, such as public ridicule, abuse, posting leaflets, cartoons and other behaviors that insult others.
To "blatantly" insult others means to insult others in public or in a way that many people can hear or see. The act of insulting others must be blatant. If it is not blatant, it does not constitute this crime.
The so-called "others" here refers to specific people, that is, the act of insulting others must be clearly directed at a specific person. If it is not directed at a specific person, but is a general insult, etc., it does not constitute this crime. . From a subjective perspective, this crime is an intentional crime with the purpose of humiliating others, and negligent behavior does not constitute a crime.
2. Components of the crime of insult
1. Object requirements
The object of this crime is personal dignity and reputation. Personal dignity and reputation rights are the basic personal rights of citizens. Article 38 of the Constitution stipulates that "the personal dignity of the Chinese people and the citizens of the country shall not be violated. It is prohibited to use any method to insult, slander, or falsely accuse citizens." The so-called personal dignity refers to citizens’ understanding and respect for their own or others’ personal and social values ??based on various objective conditions such as their own social environment, status, reputation, work environment, family relationships, etc. The so-called reputation refers to the reputation and reputation gained by citizens in social life. It is the social evaluation of citizens' moral character, talents, credibility and other aspects in social life. The so-called right of reputation refers to the personality right whose content is to maintain and protect reputation.
2. Objective Elements
The objective aspect of this crime is to use violence or other methods to openly demean the personality of others and damage the reputation of others, and the circumstances are serious.
The main means of insulting others are:
(1) Violently insulting others. The violence mentioned here only refers to the means of insult. For example, throwing feces at people, smearing them with ink, forcibly cutting hair, forcing others to perform degrading actions, etc. do not refer to forms of violence such as beating or harming physical health. If the perpetrator has the intention and behavior to harm the physical health of others, he should be punished as a crime of injury.
(2) Verbal insult, that is, using vicious and harsh words to ridicule and insult the victim, making it ugly and unsightly, such as verbally spreading the victim's life privacy, physical defects, etc.
(3) Literal insult, that is, using big-character posters, small-character posters, drawings, cartoons, letters, books or other publicly published words to reveal other people's privacy, slander other people's personality, and harm other people's reputation.
3. Subject Requirements
The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime. State agencies, enterprises, institutions, and social groups do not constitute the subject of this crime.
IV. Subjective elements
The subjective aspect of this crime is direct intentionality, and has the purpose of derogating others' personality and damaging their reputation. Indirect intention and negligence do not constitute this crime.
The crime of insult is a special crime in criminal law. It refers to the use of violence or other methods to demean the personality of others, or harm the reputation of others, with serious consequences. If it constitutes the crime of insult, you will generally be sentenced to a fixed-term imprisonment of not more than three years.
Legal Basis
Article 246 of the Criminal Law or deprivation of political rights. The crimes in the preceding paragraph shall be dealt with only upon complaint, except those that seriously endanger social order and national interests.