The swearing has apologized and the other party will sue. We all know that it is wrong to hit people or swear. Some people will have conflicts with others in their daily lives, and they are likely to touch the law. The following sharing has been apologized and the other party will sue.
The other party will sue 1 after swearing. Legal analysis: apologize to each other and get their forgiveness. If the situation is serious, it may involve insult and slander.
Legal basis: Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means. If the circumstances are serious, they 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.
Through the information network
If it is really difficult for the victim to tell the people's court about the acts specified in the first paragraph and provide evidence, the people's court may request the public security organ to provide assistance.
legal ground
Article 246th of the Criminal Law of People's Republic of China (PRC)
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.
Swearing in the WeChat group openly belittles the personality of others and damages their reputation. If the circumstances are serious, it will constitute a crime of (insult) and should be filed for prosecution. 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.
The swearing person has apologized and the other party wants to sue. 2. How to collect evidence for swearing alarm?
When insulted by others, the best way to obtain evidence is to record it in time. If there is no recording, witness testimony can be used to prove the abuse of others.
2. Will you be detained for swearing?
1, if it is openly insulting others or fabricating facts to slander others, it violates the provisions of the Law on Public Security Administration Punishment and will be subject to administrative punishment;
2. Article 42 of the Law on Public Security Administration Punishment stipulates that anyone who commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(five) sending obscene, insulting, threatening or other information for many times, interfering with the normal life of others;
(6) Peeping, stealing, eavesdropping or spreading others' privacy.
Third, will swearing be suspected of committing a crime?
Swearing may be suspected of insult.
Whoever commits the crime of insulting shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
At the same time, the article stipulates that only those who are told will be treated as insulting unless they seriously endanger social order and national interests. According to the provisions of Article 38 of this Law, it means that the victim will be dealt with only after telling the truth. If the victim is unable to inform because of coercion or intimidation, the people's procuratorate and the close relatives of the victim may also inform him.
The reason why the crime of insult is dealt with after being informed is that most insults occur among family members, neighbors, colleagues or in daily life, which belongs to contradictions among the people and is not very harmful to society. In most cases, it can be solved through mediation and other mitigation measures.
In addition, the victim may not want more people to know the fact that he was insulted. If he brings a lawsuit against the victim's will and adopts criminal sanctions to solve it, the effect will be counterproductive. It should be pointed out that "handling after informing" does not mean that it does not constitute a crime without informing, but that it will not prosecute such a crime without informing.
Serious harm to social order refers to the situation that the insult has caused the victim to be insane or even commit suicide, and the victim is unable to identify or lose his ability to identify. "Endangering national interests" refers to insulting national leaders, foreign heads of state, diplomatic envoys and other specific objects, which not only damages the reputation of victims, but also harms national interests.
According to Chinese laws, anyone who 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 not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
The best way is to record it, but if it is too late to record it, you can consider providing witnesses. In fact, if it is a trivial matter in life, it is better for both parties to resolve it through consultation, but don't take it lightly, because insulting others may be suspected of insulting, and once it is suspected of a criminal offence, the punishment will be more serious.
The swearing person has apologized and the other party will sue. 1. Can the other party call the police for swearing and insulting people?
In fact, "can you call the police" should not be a problem, because the law does not stipulate the conditions for calling the police, so most problems, including "being abused by others", can be called the police. The question should be whether the alarm can achieve the expected effect.
Regarding the effect or function of alarm, we need to analyze it according to different situations: if life and property are illegally threatened in our life, we should call the police in time; If life or property has been seriously violated, you should call the police at the first time and ask the police to investigate the criminal responsibility of the perpetrators while seeking help;
If it is a minor life dispute similar to "insult", although it can be reported to the police, the police have no right to file an investigation and can only simply mediate and deal with the problem, but they will leave an alarm record, which can be taken from the public security organs as important evidence if necessary. Therefore, you can call the police when you are illegally infringed, and the role and effect need to be determined according to the specific situation.
Second, is it illegal to call names? What should the police station do?
If it is a serious insult to others, it may violate the law, that is, it violates the Law on Public Security Administration Punishment, and can be detained for up to five days or fined up to 500 yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.
Third, who was responsible for the first fight?
Hello, everyone, I'm the special guest lawyer, Wang Dai.
If the other party starts a fight first, the responsible person should be determined according to the specific situation.
Whoever attacks others first may be punished in accordance with Article 43 of the Law on Public Security Administration Punishment, except in self-defense.
According to Article 43 of the Law on Public Security Administration Punishment, those who beat others or intentionally hurt others' bodies shall be detained for more than five days and less than ten days, and fined between 200 yuan and 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
The above-mentioned justifiable defense refers to the act of stopping the illegal infringement against the person who is committing the illegal infringement, causing certain damage to the illegal infringer. It belongs to self-defense and does not bear criminal responsibility.