1. What is the crime of insulting others in public places?
1, the crime of stirring up trouble refers to the act of stirring up trouble in public places, beating and hurting innocent people, and arbitrarily provoking, bullying and disrupting public order.
2. The legal consequence of swearing in public places is usually that the public security organ will detain you for 5~ 10 days and impose a fine below 500 yuan. If the circumstances are minor, they will generally be detained for less than 5 days or fined for less than 500 yuan. Whether in public or not, you should not abuse others for no reason. For example, it is illegal to insult others on the online platform.
(a) in public places, causing serious disorder in public places.
(2) Chasing, intercepting or abusing others, which seriously affects the normal work, production and life of others, or causes others to be insane, commit suicide or have other bad circumstances;
(3) beating others at will, causing bodily harm to others, beating others with a weapon at will, or having other bad circumstances;
(4) extortion, arbitrary destruction or occupation of public or private property worth more than 2,000 yuan, extortion or arbitrary destruction or occupation of public or private property for more than three times, or other serious circumstances;
Second, the constitutive elements of the crime of stirring up trouble
Object element
The object of this crime is public order. The so-called public order includes the order of public places and the same rules that people should abide by in their lives.
Objective elements
Objectively speaking, this crime is manifested as stirring up trouble, making trouble, making trouble without reason, beating and hurting innocent people, wantonly provoking, bullying and disturbing public order. The objective behavior of the crime of stirring up trouble is stipulated as follows:
1, beating others at will, and the circumstances are bad.
2. Chasing, intercepting or insulting others, and the circumstances are bad.
3, extortion or arbitrary damage, embezzlement of public and private property, if the circumstances are serious.
4. Gathering people to make trouble in public places, causing serious disorder in public places.
Theme element
1. The subject of this crime is a general subject. Any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime.
subjective factor
2. Subjectively, this crime can only be constituted by intention. That is, openly flouting national laws and social morality. Its motivation is to pursue spiritual stimulation and fill the spiritual emptiness through the activities of seeking trouble.
In the judicial practice of our country, in fact, not all swearing in public places will be punished. At this time, it should be noted that if it is impossible to negotiate with the other party, it is necessary to call the police and hand it over to the public security organ for handling. If the circumstances are serious, criminals who insult others need to be punished.
Legal basis;
In accordance with the People's Republic of China (PRC) Public Security Administration Punishment Law,
Article 42 stipulates the relevant provisions, and shall be detained for not more than 5 days or fined for not more than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days and fined for less than 500 yuan. Abuse that causes serious consequences constitutes a crime and can be punished with fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.