Yan' an criminal prosecution lawyer telephone
According to the Defamation Ordinance, you can claim compensation from the other party through legal channels and ask the other party to apologize publicly. First, the concept and its charges Defamation refers to deliberate fabrication and dissemination of fictional facts, which is enough to degrade the personality and reputation of others, and the circumstances are serious. 1, Object Elements The object violated by this crime is the same as the insult crime, and it is the personal dignity and reputation right of others. The object of criminal infringement is a natural person. 2. Objective elements In the objective aspect of the crime, this crime is manifested in the behavior of the perpetrator fabricating and spreading some fictional facts, which is enough to degrade the personality and reputation of others and the circumstances are serious. There must be the act of fabricating some facts, that is, the content of slandering others is completely fictitious. If you spread facts that are not fabricated out of thin air but exist objectively, even if it damages the personality and reputation of others, it does not constitute this crime, and you must spread fabricated facts. The so-called communication is the public communication in society. There are basically two ways of communication: one is text communication; The other is text, which is distributed through posters, small print posters, pictures, newspapers, books, letters and other methods. The so-called "derogatory enough" refers to the fabricated and disseminated false facts, which may completely degrade the personality and reputation of others, or have actually caused actual damage to the personality and reputation of the victim. If you spread false facts, but it is impossible to damage the personality and reputation of others, or it will not damage the personality and reputation of others, it does not constitute libel. Defamation must be directed at a specific person, but it is not necessary to name names. As long as we know who the victim is from the content of libel, it can constitute libel. If the facts spread by the actor have no specific target and it is impossible to degrade someone's personality and reputation, it cannot be punished as libel. The act of fabricating facts and slandering others must be serious to constitute this crime. Although there is an act of fabricating facts to slander others, if the circumstances are not serious, it cannot be punished as this crime. The so-called serious circumstances mainly refer to the repeated fabrication of facts to slander others; Fabricating facts and causing serious damage to the personality and reputation of others; Fabricating facts to slander others, causing adverse effects; Defamation of others leads to the victim's mental disorder or suicide, and so on. 3. Subject Elements The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute this crime. 4. Subjective elements Subjectively, this crime must be intentional. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will have harmful consequences that will damage the reputation of others, and hopes that this result will happen. The actor's purpose is to discredit others. If the actor misunderstands false facts as true facts and spreads them, or spreads some false facts for the purpose of damaging the reputation of others, it does not constitute libel. Second, it is determined that 1, the boundary between this crime and violations of public security management and civil tort constitutes a crime of defamation, and the circumstances must be serious, while the crime of defamation in violation of public security management regulations must be limited to those that are not enough for criminal punishment. Civil acts against reputation are not only less illegal than libel and libel in violation of public security regulations, but also have the following differences: libel must spread fabricated 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. Even the truer the facts, the more serious the infringement. For example, exposing others' privacy in order to damage their reputation, the more realistic it is, the worse its tort nature is. According to Article 140 of the Supreme People's Court's Opinions on Several Issues of Implementation, disclosing and publicizing others' privacy, which has a bad influence on others' reputation, is an act of infringing the right of reputation and does not constitute a crime of libel. Legal persons, groups and organizations cannot be the targets of slander. In reputation infringement, legal persons, groups and organizations can all be victims. For example, spreading false news, falsely claiming that a factory's products are inferior in quality, etc. The purpose is to bring down the other side by unfair competition. Even if this behavior causes serious consequences, it can only constitute a crime of damaging business reputation and commodity reputation, but not a crime of libel. Subjective fault requires different things. The subjective aspect of libel crime must be direct intention; The subjective fault of reputation infringement includes negligence. In addition, even if there are false elements in well-meaning accusations, exposures and criticisms, they should not be punished as libel. 2. The boundary between this crime and the crime of insult. The object of these two crimes is the personality and reputation of others. The main difference is that insults are not fabricated, but slander must be fabricated facts. Insults include violent insults, and defamation does not use violent means; Insult is often carried out in front of the victim, while slander is spread in public or to a third party. 3. 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. The so-called "handling after informing" here means that if the victim reports, the court will accept the crime of libel, otherwise it will not be accepted. "except those that seriously endanger social order and national interests", such as the death of the victim caused by slander; Causing public outrage among local people; Defaming foreigners affects international relations, and so on. If the victim does not tell or cannot tell, the people's procuratorate shall initiate a public prosecution.