A few insulting text messages were filed

Several cases of insulting text messages were filed.

Several cases of insulting text messages were filed. We should all know that there are usually conflicts wherever there are people, and where there are conflicts there will be quarrels. Arguments are quarrels. Reasoning and swearing is not a wise way to deal with it. Here are a few ways to file a case for insulting text messages. Several cases of insulting text messages filed 1

my country’s Public Security Administration Punishment Law clearly prohibits the behavior of insulting others. Regarding the behavior of sending insulting text messages, the current Public Security Administration Penalty Law only stipulates that those who send insulting messages multiple times and interfere with the normal life of others shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, they shall be sentenced to not less than five days and ten years. Detention for less than 50 days and a fine of less than 500 yuan may be imposed. The relevant regulations do not specify the number of abusive text messages as the basis for punishment.

Therefore, the basis for judging whether you can call the police after being insulted by others is not how many abusive text messages the other party has sent, but whether it has interfered with the normal life of others. If the abusive text messages have interfered with the normal life of others, , even if the number of text messages is not large, the alarm can be processed.

Legal basis: Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious,

(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 to frame others in an attempt to subject others to criminal prosecution or public security management penalties;

( 4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) Repeatedly sending obscene, insulting, threatening or other messages to interfere with others In normal life;

(6) Peeping, filming, eavesdropping, and spreading other people’s privacy.

1. What are the criteria for filing a case for the crime of insulting others

According to Article 246 of the "Criminal Law", if someone is suspected of publicly insulting others with violence or other methods, and the circumstances are serious, a case should be filed . The crime of insult is a crime of circumstance. The perpetrator's behavior of openly insulting others must be serious enough to constitute a crime and be investigated.

The object of this crime is the personal dignity and reputation rights of others. The right to personal dignity and reputation are the basic personal rights of citizens. The criminal targets of this crime can only be natural persons, not units. Insulting legal persons and other groups and organizations does not constitute the crime of insult.

"Criminal Law"

Article 246: Crime of Insult

Publicly insulting others by violence or other methods or fabricating 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 in the preceding paragraph will only be dealt with upon complaint, except for those that seriously endanger social order and national interests. If the victim commits an act specified in paragraph 1 through an information network and reports it to the People's Court, but it is really difficult to provide evidence, the People's Court may request the public security organs to provide assistance.

2. Public security penalties for insulting others

According to Article 42 of the "Public Security Management Punishment Law", anyone who openly insults others shall be detained for not more than 5 days or fined not more than 500 yuan; If the circumstances are serious, the offender shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan. The circumstances are serious and can generally be judged from the aspects of means, objects of behavior, frequency of behavior, consequences of behavior, etc.

Objectively, this behavior is a blatant insult to others, but the circumstances and consequences are not enough for criminal punishment. Publicly refers to insulting others in front of everyone or a third person, or in a way that can be heard or seen by an unspecified number of people. Whether the offended person is present or not does not affect the establishment of this act.

Insults can be violent or verbal, such as ridiculing or insulting the victim with words. How many insulting text messages will be filed to file a case 2

To what extent will the degree of swearing be used as evidence for filing a case?

If someone curses to the following extent, it is suspected of committing the crime of seeking sympathy and provoking trouble, and the public security organ will generally file a case:

1. Insulting others multiple times, causing a bad impact;

2. Insulting, threatening or chasing others with a weapon;

3. The person insulting is a mentally ill person, Disabled people, vagrants and beggars, and other vulnerable groups, causing adverse social impact;

4. Insulting others, leading to serious consequences such as mental disorder and suicide;

5. Seriously affecting others work life etc.

Legal basis:

"Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Picking Quarrels and Provoking Trouble" Article 3 Chasing, intercepting, insulting, and intimidating others, Disruption of social order and any of the following circumstances shall be deemed as "egregious circumstances" as stipulated in the second item of paragraph 1 of Article 293 of the Criminal Law:

(1) Multiple pursuits and interceptions , insulting, intimidating others, causing bad social impact;

(2) Chasing, intercepting, insulting, and intimidating others with weapons;

(3) Chasing, intercepting, insulting, Intimidating the mentally ill, disabled people, vagrants and beggars, the elderly, pregnant women, and minors, causing adverse social impact;

(4) Causing serious consequences such as mental disorder and suicide in others;

(5) Seriously affecting the work, life, production, and management of others;

(6) Other situations with serious circumstances.

Will filing a case for swearing leave a record?

It depends on whether it involves public security penalties or criminal penalties. If it is a case of public security, there will be no record.

Insulting others may be punished by public security penalties. If the circumstances are serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law.

Our country’s Constitution stipulates that the personal dignity of citizens of the People’s Republic of China shall not be violated. It is prohibited to use any method to insult, slander, or make false accusations against citizens.

According to the relevant provisions of the Public Security Administration Punishment Law, anyone who openly insults others or fabricates facts to slander others shall be detained for not more than five days or fined not more than five hundred yuan. If the circumstances are more serious, he shall be detained for not less than five days but not more than ten days. A fine of not more than five hundred yuan may be imposed. If the content of the scolding is fictitious, it may constitute an infringement of reputation rights, or it may constitute a crime of defamation or insult, and you may be sued in court.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 286 Anyone who was under 18 years old at the time of committing the crime and is sentenced to a penalty of not more than five years in prison shall be punished by the relevant Criminal records shall be sealed.

Criminal records that have been sealed shall not be provided to any unit or individual, except when the judicial authorities need to handle the case or the relevant unit conducts inquiries in accordance with national regulations. Units that conduct inquiries in accordance with the law shall keep confidential the sealed criminal records.

Will you be detained for swearing?

You may be detained. Public security penalties for insulting others include detention for not more than five days or a fine of not more than 500 yuan; if the circumstances are more serious, the person shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan: Those who openly insult others or fabricate facts to slander others `; Fabricating facts and falsely accusing others in an attempt to subject others to criminal prosecution or public security management penalties. If the content of the scolding is fictitious, it can constitute an infringement of reputation rights, defamation or insult, and you can sue in court.

Legal basis: "Amendment to the Criminal Law of the People's Republic of China" 42. Amend Article 293 of the Criminal Law to read: Anyone who commits one of the following acts of provoking quarrels and provoking trouble, disrupting social order , shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance:

(1) Beating others at will, if the circumstances are serious;

(2) Chasing, intercepting, insulting, or intimidating others, if the circumstances are serious Bad;

(3) Taking forcibly or arbitrarily damaging or occupying public or private property, the circumstances are serious;

(4) Making trouble in public places, causing public chaos ***The order of the place is seriously disordered.

Whoever gathers others to commit the acts mentioned in the preceding paragraph multiple times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined. Several Insulting Text Messages for Filing a Case 3

Criteria for Filing the Crime of Insult

1. Interpretation

The crime of insult refers to the use of violence or other methods to openly demean Behavior that damages other people's character, damages other people's reputation, or acts in serious circumstances.

2. Criminal Law Provisions

Article 246: Anyone who openly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years, Detention, surveillance or deprivation of political rights.

The crimes in the preceding paragraph will only be dealt with upon complaint, except for those that seriously endanger social order and national interests.

3. Criteria for filing a case

According to the provisions of Article 246 of the Criminal Law, if someone is suspected of publicly insulting others by violence or other methods, and the circumstances are serious, a case should be filed.

The crime of insult is a crime of circumstance. The perpetrator's behavior of openly insulting others must reach the level of "serious circumstances" to constitute a crime and be investigated.

IV. Elements of the crime

1. Object of the crime: The object of this crime is the personality and reputation rights of others. The target of the violation can only be a specific individual. No agency, group, or legal entity can be the target of a crime.

2. The objective aspect of the crime: The objective aspect of this crime is that the perpetrator must use violence or other methods to openly degrade the personality of others and destroy the reputation of others.

3. Criminal subject: The subject of this crime is a general subject.

4. The subjective aspect of the crime: The subjective aspect of this crime must be direct and intentional, and it must have the purpose of degrading the personality of others and destroying the reputation of others. If the perpetrator is joking with others or playing a prank to cause embarrassment to others, or unintentionally causes damage to the personality or reputation of others, he cannot be punished as an insult.

5. Sentencing Standards

If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention, public surveillance, or deprivation of political rights.

6. The boundary between legal behavior and insulting behavior

It is necessary to draw a clear line between legitimate public opinion supervision and written insults; to draw a clear line between legitimate writing and derogating personality and destroying reputation. ; Draw a clear line between the assessment, evaluation, and review of an individual's political performance, moral character, etc., and insults made by the party's unit in accordance with its authority; draw a clear line between reporting, reporting, and exposing unethical and illegal behavior to relevant departments through legitimate and legal channels behavior to distinguish between criminal behavior and insulting behavior; draw a clear line between well-intentioned criticism, including criticism of state workers and leaders at all levels, and malicious insulting behavior, etc.

7. The boundary between the crime of insult and the crime of defamation

1. The crime of insult does not fabricate facts, while the latter fabricates facts;

2. The crime of insult has the possibility of violence , the latter does not use violence;

Defamation crimes are often carried out in public places or spread to third parties.