Can verbal insults be prosecuted? We all know that it is wrong to hit people or swear. Some people will have conflicts with others in their daily lives, which may lead to fights, but this is likely to touch the law. Can the following sharing language insults be prosecuted?
Can verbal insults be prosecuted? 1 first, can malicious abuse and verbal attacks be prosecuted?
If you are abused or attacked online, you can sue. The method of prosecution is as follows:
(1) forensics. You can record swearing words, such as recording.
(2) consultation. Consult a lawyer or something about related issues.
(3) Deciding to appeal and bringing a lawsuit to the court.
The relevant laws stipulate the Criminal Code of People's Republic of China (PRC).
Article 246 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.
Second, can malicious slander call the police?
If the victim is maliciously slandered, he can call the police.
According to Article 14 of 1 10 Working Rules for Receiving and Handling Police, 1 10 alarm service desk accepts the alarm:
(1) Criminal cases;
(2) Public security cases (incidents);
(3) Mass incidents that endanger personal and property safety or social order;
(4) Natural disasters and public security disasters and accidents;
(five) other alarms related to illegal crimes that need to be handled by the public security organs.
Article 42 of the Public Security Administration Punishment Law
Whoever publicly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan.
Third, how to deal with the libel law?
According to Article 246 of the Criminal Law, the crime of libel refers to the deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and reputation of others, and the circumstances are serious.
The crime of libel, which constitutes the crime of libel, must be serious, while the crime of libel in violation of public security management regulations must be limited to a range that is not enough for criminal punishment. Even if there are false elements in the report, exposure and criticism in good faith, it should not be punished as libel.
When reporting a case, the public security organ may investigate. When necessary, you can ask a notary to notarize the content that insults and slanders you as evidence against the other party. If it is clearly investigated by the public security organ and constitutes a crime, criminal responsibility may be investigated;
Whether it constitutes a crime or not, you can use this evidence to ask the other party to apologize and compensate for the loss. In order to protect the interests of the victim, the criminal law stipulates that the crime of insult belongs to the crime of handling after being informed, that is to say, if the victim and his legal representative do not bring a lawsuit in court, the criminal responsibility of the party concerned will not be investigated.
Defamation must spread fabricated and false facts. If you spread objective facts, it will do harm to others' personality and reputation, but it does not constitute libel. Reputation infringement, even if the content is true, will damage the personality and reputation of others as long as it is prohibited by law, and it can also constitute reputation infringement.
If the insult leads to the victim's mental disorder or even suicide, which seriously endangers social order, the procuratorial organ can also independently intervene in the investigation and investigate the criminal responsibility of the party concerned.
Can verbal insults be prosecuted? 1. Can verbal insults be prosecuted?
Insulting and scolding you for being able to sue is a private prosecution case. The parties may collect relevant evidence, and then bring the complaint, ID card and evidential materials to the people's court where the crime is committed. If it is more appropriate for the defendant to be tried by the people's court in his domicile, they may bring a lawsuit to the people's court in his domicile.
Legal basis:
Article 246 of the Criminal Law
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.
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.
Article 25 of the Criminal Procedure Law
Criminal cases shall be under the jurisdiction of the people's court of the place where the crime was committed. If it is more appropriate to have the case tried by the people's court of the defendant's domicile, it may also be under the jurisdiction of the people's court of the defendant's domicile.
Second, what are the serious circumstances of the crime of insult?
The crime of insult is objectively manifested in the use of violence or other methods to publicly slander others. Insults must be made public. The so-called "blatant" insult refers to insulting others in a way that is not specific or most people may know.
Publicity does not necessarily require the presence of the victim. If it is only insulting the victim, it is impossible for the third person to know without the presence of the third person, which does not constitute an insult.
On the other hand, as long as no specific person or most people may know, even if they don't know in reality, it doesn't affect the establishment of this crime. The object of insult must be a specific person. A specific person can be one person or several people, but it must be specific and identifiable. Abuse without a specific object in public does not constitute insult.
Subjectively, it can only be intentional, that is, the actor knows that his insulting behavior will cause damage to the reputation of others, and hopes or allows this result to happen. If the actor unconsciously commits an act that damages the reputation of others, it cannot be regarded as an insult. According to the provisions of the criminal law, only serious circumstances constitute the crime of insult.
Serious circumstances mainly refer to the following situations: bad means; If the insult causes serious consequences, such as the victim committing suicide because of the insult, the victim is insane because of the insult; Repeated insults and so on.
Those who fail to meet the standards for filing a criminal case shall be punished according to the relevant provisions of the Public Security Administration Punishment Law.
If the degree of abuse is very serious, such as long-term abuse, fabricated facts abuse or violent abuse, you can file a criminal complaint with the public security organ, asking the public security organ to file an investigation, investigate the criminal responsibility of the perpetrator for the crime of insult and slander, and ask the perpetrator to compensate for the losses. This situation belongs to a criminal case, so it cannot be directly prosecuted in court, and it needs to be prosecuted in public security organs.
Can verbal insults be prosecuted? 3. How to call the police before filing a case?
1, according to the provisions of the Civil Procedure Law, prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
2. Form of prosecution
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Step 3 complain
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
It is also illegal to insult others in law, but the way and degree of disposal depends on the seriousness of the circumstances, whether there is excessive behavior after insulting others or whether it has caused harm to others. If the circumstances are serious (insulting) or even constitute a crime of (insulting). If a person insults them for no reason, the insulted person can sue him and demand an apology and compensation.
Second, the tort law.
civil law
Article 990 Definition of Personality Rights Personality rights refer to the rights of life, body, health, name, portrait, reputation, honor and privacy enjoyed by civil subjects.
In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.
Article 995 Where the right to personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this Law and other laws. The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize.
Article 165 The principle of fault liability If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.