To "fabricate facts" is to create false facts out of nothing. In addition to fabricating facts, libel should also spread fabricated facts, including oral and written methods. The act of fabricating facts and the act of spreading must exist at the same time to constitute this crime. If you just fabricate facts and talk privately with individual relatives and friends, if you don't spread them, or if you spread objective facts instead of fabricated false facts, it doesn't constitute this crime. This crime is intentional, and the crime of libel must also be directed at a specific person.
According to Article 246 of the Criminal Law, whoever publicly insults others or fabricates facts to slander 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, public surveillance 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. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
Second, how to punish others for libel (1) Defamation is a case of private prosecution, that is, a case that requires individual citizens to file a lawsuit in the people's court on their own, and does not belong to the investigation scope of the public security organs;
(two) but "seriously endangering social order and national interests", the public security organ may file a case for investigation in accordance with the procedure of public prosecution. Public security organs must accurately grasp the constitutive requirements of crimes when handling criminal cases of insult and slander in accordance with public prosecution procedures. For those who do not have the basic requirement of "seriously endangering social order and national interests", public security organs shall not have jurisdiction over public prosecution cases.
(3) In case of any of the following circumstances, an insult or libel act shall be deemed as "seriously endangering social order and national interests", and an investigation shall be filed for the crime of insult or libel, which shall be treated as a case of public prosecution:
1. Mass incidents caused by insults and slanders have seriously affected social order;
2, because of insulting or slandering foreign envoys, visiting foreign heads of state, heads of government and other personnel, resulting in adverse international influence;
3. Other circumstances that cause serious damage to national interests due to insults and slanders. After receiving a citizen's report, complaint or report on insult or slander, the public security organ shall first carefully examine it to determine whether it is under the jurisdiction of the public security organ. In line with the above situation, but through public prosecution may cause greater damage to national interests and national image, you can take other ways to deal with it. For cases of insult and slander that do not fall into the above circumstances but are suspected of committing a crime after examination, the public security organ shall inquire about the situation, make a record and hand over the case materials to the people's court with jurisdiction. At the same time, it should be explained to the parties that such cases are private prosecution cases according to law and are not under the jurisdiction of the public security organs, and they should be informed to bring a lawsuit to the people's court on their own.
(4) Anyone suspected of libel shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
(5) Article 246 of the Criminal Law: the crime of insult and libel. Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance 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.
(6) Punishment:
Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever commits this crime, except those who seriously endanger social order and national interests, will be dealt with only after being told.
Three. The act of fabricating facts and slandering others (1) Defamation must spread fabricated false facts. If you spread the objective facts, even if it is harmful to the personality and reputation of others, it does not constitute slander. And reputation infringement, even if the content is true, can also constitute reputation infringement as long as it is prohibited by law from publicity, and publicity will damage the personality and reputation of others.
(2) Defamation must be intentional subjectively, and the subjective fault of reputation infringement also includes negligence. In addition, we should also pay attention to distinguish between insults. The difference between the two behaviors is that slander must be a fabricated fact, and insult is not carried out in a fabricated way; Defamation can only be carried out by words and words, not by violence. Insult can be carried out through violence or language and writing.
The above is about what is the crime of fabricating facts and slandering others. It is very troublesome for anyone to encounter this kind of behavior, because people's words are very awesome. If you have any related questions, please consult the professional lawyers in the relevant columns of Zhaofa. com, and they will make professional answers for your reference.
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Cite the law
1 Article 246th of the Criminal Law of People's Republic of China (PRC)