Joke Collection Website - Blessing messages - A woman in Wuhan was suspected of being retaliated by a courier, and her phone number was posted in the men's toilet as an obscene advertisement. How should she defend her rights?
A woman in Wuhan was suspected of being retaliated by a courier, and her phone number was posted in the men's toilet as an obscene advertisement. How should she defend her rights?
The first step is to call the police. The police can always catch criminals.
For the purpose of venting anger and revenge, the woman's phone number is forged into a small advertisement that is not suitable for children and distributed in public places, which violates the relevant provisions of the Law on Public Security Administration Punishment on insulting and slandering others and disturbing public order. The police will file an investigation.
Article 42 of the Law on Public Security Administration Punishment stipulates that the act of insulting and defaming includes publicly insulting others; Fabricate facts and slander others; Sending insulting and threatening messages many times, disturbing others' lives; Generally, they are 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.
Some people may think that this kind of behavior belongs to prostitution, and the perpetrator should be punished in accordance with the relevant provisions of prostitution. In fact, this understanding is wrong. He didn't engage in prostitution, and the small advertisements he posted were false, so he didn't violate this legal provision.
As long as this courier posts and distributes small advertisements in public places, the developed electronic system in the city will certainly catch clues. Of course, as a victim, you can provide relevant information about the suspect to the public security organ.
In fact, even without the monitoring of electronic system, experienced police officers have cheated, and offenders with poor psychological quality have honestly confessed. If there is any evidence or clue, as long as the criminal wears a silver bracelet and goes to the interrogation room of the police station, it will be overwhelming.
In addition, the woman can also ask the caller where she saw the advertisement, and then check it, take photos and hand it over to the police. The police are sure to find him nearby.
After determining the specific violator, if his behavior has caused great losses to your life and suffered a great blow to your spirit, for example, your reputation has been damaged, you can't find a job, and your relatives and friends mistakenly think that you are a bad woman. This is a serious consequence. Maybe this courier has been suspected of criminal offences and insults.
According to the second paragraph of Article 246 of the Criminal Law of People's Republic of China (PRC), 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. 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.
This crime is the so-called non-prosecution, that is, only when you file a criminal private prosecution with the people's court according to law will the judicial organs take the initiative to investigate it.
The second step is to investigate the civil tort liability after determining the infringer.
Originally a good woman, her good reputation was ruined, her life was disrupted and her heart was shocked. According to the civil law, this kind of behavior seriously violates your right of reputation and is an insult. You can ask him to apologize publicly on public platforms such as newspapers and the Internet, clarify the facts, and compensate all the economic losses caused by this, including transportation expenses, lawyer's fees, evidence collection fees, notarization fees, etc.
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