There are three conditions that must be met when harassment is filed.

There are three conditions that must be met when harassment is filed.

There are three conditions that must be met when harassment is filed. When you harass yourself, you can take up the weapon of law. Nowadays, people mostly send information through social networking platforms such as WeChat and QQ, and writing has become one of the main ways of communication. Let's take a look at three conditions that must be met for harassment filing.

Harassment cases must meet three conditions: 1 1, writing threatening letters or threatening others' personal safety in other ways.

2 publicly insulting others or fabricating facts to slander others;

3. Fabricate facts, falsely accuse and frame others. There are no allegations of harassment in the Model Law. According to the Regulations of the People's Republic of China on Administrative Penalties for Public Security, if the harassment affects the normal life of others, the victim can report the case to the public security organ and accept the investigation. Evidence is witness, material evidence, various audio evidence, etc.

The three conditions for filing a harassment case are:

(1) writing threatening letters or threatening the personal safety of others by other means;

(2) publicly insulting others or fabricating facts to slander others;

(three) fabricating facts, falsely accusing and framing others, and attempting to make others be punished by public security administration.

legal ground

Article 42 of the Public Security Administration Punishment Law

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 personal safety by other means;

(2) publicly insulting others or fabricating facts to slander others;

(three) fabricating facts, falsely accusing and framing others, in an attempt to make people subject to criminal investigation or public security management punishment;

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

(five) sending obscene, insulting and threatening information for many times, which interferes with the normal life of others;

(6) Peeping, stealing, eavesdropping or spreading others' privacy.

Harassment filing must meet three conditions: 2. Criteria for filing harassment cases in police stations.

According to China's Public Security Administration Punishment Law, if someone harasses others and affects their normal life, the victim can call the police and the public security organ will file an investigation.

Relevant laws and regulations

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 42 Whoever 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;

(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.

China's criminal law does not stipulate the crime of harassing others at home, which generally does not constitute a crime. It is illegal to harass others at home and affect their normal life. The victim may report the case to the public security organ.

Article 42 of the Law on Public Security Administration Punishment: 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 not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

Harassment must meet three conditions. 3 At present, there is no crime of harassment in China's criminal law, but harassment also has certain illegal factors, so for minor harassment, such as:

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 and falsely accusing others in an attempt to subject others to criminal investigation or public security administration punishment;

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

5. Sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others;

6. Peeping, stealing, eavesdropping and spreading others' privacy. Those who violate the Law on Public Security Administration Punishment are generally detained for less than five days or fined less than five hundred 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.

For more serious harassment, it may constitute the crime of insulting, insulting women constitutes the crime of compulsory indecency and insulting women, and soft violence such as debt collection interferes with the normal life of the other party and constitutes the crime of illegal detention. It may also constitute crimes such as seeking trouble.

Nature of Civil Code-Is Harassment a Crime?

If you sexually harass others against their wishes by words, words, images, physical behaviors, etc. The victim has the right to ask the offender to bear civil liability according to law. Sexual harassment is a violation of public security management. If there is conclusive evidence to prove sexual harassment, the public security organ may accept the case and impose administrative penalties for public security on the harasser.

People's Republic of China (PRC) Civil Code

Article 10 10. If sexual harassment is carried out against the will of others by means of words, words, images, physical behavior, etc. The victim has the right to ask the offender to bear civil liability according to law.

Organs, enterprises, schools and other units shall take reasonable measures such as prevention, acceptance of complaints, investigation and disposal, etc., to prevent and stop the use of authority, affiliation and other harassment.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 42 Whoever 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:

In principle, if the perpetrator commits an act of forcibly molesting others or insulting women by violence, coercion or other means, it constitutes a crime and should be investigated.

Article 237 of the Criminal Law stipulates that

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.

The main forms of crime are as follows:

1. Oral way: tease each other with the following language and tell each other about personal sexual experiences, pornographic jokes or pornographic literature;

2. Action mode: intentionally touching, colliding, kissing each other and other sexually sensitive parts;

3. Setting the environment: arranging obscene pictures and advertisements around the workplace to embarrass each other.

Broadly speaking, it is not limited to the opposite sex, and the object is not only women; Same sex can also constitute.

Paragraph 5 of Article 42 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that anyone who repeatedly sends obscene, insulting, intimidating or other information and interferes 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 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.

Constitutive elements of the crime of compulsory indecency and insult

1, object element

The object of this crime is the sexual freedom of others (male or female), including voluntary choice of lasting sexual rights, disgusting behavior, shame and normal sexual feelings.

2. Objective factors

This crime is objectively manifested as the behavior of the perpetrator insulting and molesting others by violence, coercion or other means.

The object of this crime is others, that is, people who have reached the age of 14. This crime is manifested in the use of violence, coercion or other methods in criminal methods.

The difference between insult and indecency is that indecency is physical contact, especially private parts (such as women's breasts and buttocks). ); Insult is generally non-physical contact or contact with non-private parts.

Other bad circumstances refer to bad circumstances other than gathering people in public places or insulting women, such as insulting women to lead to schizophrenia or insulting women to commit suicide.

Before the criminal law amendment (IX) was promulgated, the criminal object was only 14 female. According to the criminal law amendment (IX), men over 14 can also be the object of this crime. The so-called compulsory indecency refers to the behavior that violates his human will or sexual feelings except sex. Asking the actor's behavior to be related to sex will cause the victim's sense of sexual disgust or shame.

You must use coercion to molest others in order to meet the requirements of this crime, because coercion reflects the victim's violation of sexual will. Coercion includes but is not limited to violence and coercion.

The so-called violence refers to taking coercive measures such as beating and binding on the personal safety or personal freedom of others, so that others dare not and cannot resist.

The so-called coercion refers to threats, intimidation and other mental coercion to others, so that others may not resist.

The so-called other methods refer to means other than violence and coercion that make it difficult for others to resist.

It can be seen that it is a kind of trouble for the life and spirit of the parties to send harassing messages with unknown meaning all the time without their will. After the parties call the police, the suspect may be detained for 5 days and fined 500 yuan. If the crime of stirring up trouble is established, it is a fixed-term imprisonment of not more than five years and a fine.