Abuse of alarm skills

Abuse of alarm skills is an illegal act, but in our life, the topic of abuse is also high. We must know that the law also has strict regulations on this aspect. The following is an understanding of the abuse of alarm skills.

Insulted alarm skills 1 1. How to call the police when insulted?

1. If you are insulted, you can call 1 10 or call the police directly. If the circumstances are minor, you can ask the other party to apologize, or you can leave an alarm record, and the police can help mediate and admonish. If publicly insulted or fabricated, the other party will be subject to administrative punishment.

If the circumstances are serious, the other party may also be subject to criminal punishment, which constitutes insult or slander. It should be noted that evidence should be preserved in time when insulted. You can testify by recording or looking for witnesses around you. If the other party has publicly insulted and slandered through the information network, and it is difficult to provide evidence, it may also request the public security organ to provide assistance.

2. Legal basis: 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. 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. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.

2. Is it illegal to maliciously insult others?

Swearing is illegal. Swearing is a civil liability if it infringes on the reputation of others. If the circumstances are serious, it can also constitute a crime. Insulting others openly by violence or other means or fabricating facts to slander others, if the circumstances are serious, will constitute the crime of insult.

Insulted alarm skills II. What is the crime of personal assault and abuse?

If the circumstances of personal attack and verbal abuse are serious, it can be considered as insult, writing threatening letters or threatening the personal safety of others by other means, openly insulting others or fabricating facts to slander others, fabricating false accusations and framing others in an attempt to make others be investigated for criminal responsibility or punished by public security management, and 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 more than 5 days 10 days, and may also be fined up to 500 yuan.

Criminal law of the people's Republic of China

Article 246 The crime of insult and slander publicly insults others by violence or other means or fabricates facts to slander others. 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, except those that seriously endanger social order and national interests, shall be dealt with only after being informed.

Second, what are personal attacks?

Personal attacks include violent personal attacks (intentional injury, beating others, etc. ); Personal and verbal attacks (slander, abuse, etc.). ); Mental and personal attacks (online insults, written insults, etc.). ); Curse personal attacks (open spells, dark spells).

3. What is the time limit for the prosecution of personal assault complaints?

The prosecution period for personal assault complaints is three years. However, unless otherwise provided by law, if there is a right to stop the infringement, remove the obstruction or eliminate the danger, the time limit for prosecution does not apply. "Legal Express" reminds you that the period of prosecution shall be counted from the date when the obligee knows or should know that the right has been damaged.

Article 188 of the Civil Code of People's Republic of China (PRC)

If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. If a guardian performs his guardianship duties, his tort liability may be reduced.

If a person without capacity for civil conduct or a person with limited capacity for civil conduct has property and causes damage to others, he shall pay compensation with his own property; The insufficient part shall be compensated by the guardian.

Abuse of alarm skills 3 1. Is it illegal to insult others?

It is illegal to slander, abuse or insult others if the circumstances are serious.

Relevant legal knowledge

Article 38 of the Constitution stipulates that "the personal dignity of the people and citizens of China is inviolable. It is forbidden to insult, slander and falsely accuse citizens in any way. "

If the act is enough to harm the personal interests of the victim, it may constitute an infringement of the right of reputation, and the victim may bring a lawsuit against the right of reputation to the people's court.

Second, how to obtain evidence for the crime of rumor and slander

Collect confessions, recordings, written evidence, etc. And the evidence needs to be mutually confirmed to rule out reasonable doubt.

Regarding the crime of libel, the parties need to collect evidence by themselves. In view of the particularity of this kind of crime, the parties often encounter many difficulties in the process of collecting evidence, which is generally more difficult. If the situation is serious, it is recommended to hire a lawyer to collect libel evidence from a professional perspective.

Defamation refers to deliberate fabrication and dissemination of fictional facts, which is enough to degrade others' personality and damage their reputation, and the circumstances are serious. The object of libel, like insult, is the personal dignity and reputation of others. The object of criminal infringement is a natural person. The crime of defamation must be intentional subjectively. The actor knows that he is spreading false facts that can damage the reputation of others, knows that his actions will lead to harmful results that will damage the reputation of others, and hopes that such results 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.

Third, how to punish the crime of insult and slander.

According to Article 246 of China's Criminal Law, 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. 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.

Defamation:

1. Defamation refers to the act of fabricating facts and spreading some facts, which is enough to slander others and the circumstances are serious;

2. Objectively, this crime is characterized by fabricating and spreading certain facts, which is enough to discredit others;

3. The so-called "fabrication and dissemination" refers to the facts fabricated by walking; The so-called "fabricating facts" refers to making false facts out of nothing, which is harmful to the social evaluation of others and has certain specific contents;

4. Defamation must be directed at a specific person, which can be one person or several people;

5. Subjectively, this crime must be intentional, and the actor must know that he is walking a false fact;

6. According to the criminal law, only serious cases constitute libel. Serious circumstances mainly refer to bad means, vicious content, serious consequences and so on.