1. What is the relevant content of the crime of indecency in the Public Security Administration Punishment Law?
In the case of violating the will of others, it can be considered as obscene behavior in public security punishment.
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 44 whoever molests others or intentionally exposes himself in public places, if the circumstances are bad, shall be detained for more than five days and less than ten days; Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 days and less than 15 days.
Criminal law of the people's Republic of China
Article 237 Whoever forcibly molests others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.
Whoever molests children shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.
Second, the standard of filing the crime of compulsory indecency.
The crime of indecency only refers to the act of using violence, threats or other means to violate the will of women and children, forcibly indecency or insult women and children, and the circumstances are serious and constitute a crime.
The object of the crime of compulsory indecency is women's personal freedom, privacy and reputation. The so-called right to physical freedom refers to the personality right of women's body movement without illegal interference.
According to the third paragraph of Article 237 of the Criminal Law, the perpetrator forcibly molested a child by violence, coercion or other means. Because children's gender discrimination ability is poor, the law does not require the perpetrator to use violence, intimidation or other methods. Whether the child agrees or not, whether the child resists or not, as long as he molests the child, it constitutes this crime and should be investigated.
Third, the determination of the crime of indecency.
To identify the crime of indecency, it is necessary to meet the following criteria for the constitutive requirements of the crime:
Subject elements: general subject, which can be composed of any natural person who has reached the age of criminal responsibility and has criminal responsibility ability;
Object elements: violation of social legal protection of natural human shame;
Objective elements: force others to molest and insult women by violence, coercion or other means.
Therefore, in accordance with the provisions of the Law on Public Security Administration Punishment, anyone who commits obscene acts and the circumstances are bad will be detained. If the object is a child or a mental patient, the punishment is more severe, and the detention date is 10 to 15. If the circumstances are serious, they will commit the crime of obscenity in the criminal law and then be sentenced to fixed-term imprisonment. If the object is children, they will be severely punished.
I hope the above contents are helpful to you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 44 of People's Republic of China (PRC) Public Security Administration Punishment Law.
Those who molest others or intentionally expose their bodies in public places, if the circumstances are bad, shall be detained for more than five days and less than ten days; Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 days and less than 15 days.
Article 237 of the Criminal Law
Whoever forcibly molests others or insults women by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Whoever affrays in a public place or commits the crime mentioned in the preceding paragraph, or has other vile circumstances, shall be sentenced to fixed-term imprisonment of not less than five years.