Criteria for filing a case of swearing

Criteria for filing a case of swearing

The standard of filing a case for swearing, that is, insulting others, is first of all a matter of personal moral quality, but if the problem is serious, it can still be carried out within the scope of law, so we must control our own behavior and serve others with virtue, so we must first understand the standard of filing a case for swearing.

1' s criterion for filing a case for swearing is that freedom of speech is a valuable right given to citizens by law, but no freedom can be unlimited, but within a certain range. For example, the law gives the right to demonstrate, but it can only be carried out on the premise of not damaging national sovereignty and public interests, otherwise it will be suppressed.

Freedom of speech should also be within the scope permitted by law. If you maliciously insult and slander others, or even publish rumors that undermine national unity, it is very likely to constitute a crime. Therefore, you can speak freely, but you can't be outspoken and irresponsible.

Case sharing:

In August, 2002, Yang of Taicang City heard that Huang Le, the general manager of a private enterprise, was charitable. Desperate, he decided to take a chance. One day, he came uninvited and offered to borrow 500,000 yuan from Huang. Huang met strangers and refused to lend them. He contacted the security guard to drive Yang out of the company.

Yang Can is worried that he can't borrow money. In retaliation, he falsely reported Huang in the name of the boyfriend of the jane doe employee of the company, claiming that the other party had a bad relationship with three women, A, B and C. One of them was an illegitimate child of A * * * * and was caught by the defense team in a car accident with B. At the end of the report letter, Yang also left the words "Please ask the relevant leaders to save Huang".

This letter was put into the company's report mailbox by Yang, but he still felt that it was not Japanese enough. On June 8, 2002 165438+ 10/KLOC-0, the contents were printed as posters and publicity maps, and posted in the company lobby, parking lot, external walls, and even government gates, staff quarters and food market gates.

The next day, Huang released a forged map in the company and ordered employees to tear it down immediately. He learned that it was Yang's behavior and sued the court, demanding that the other party be investigated for criminal responsibility, and publicly apologized to restore his reputation. Yang argued that he didn't know these things, and everything was just hearsay.

This excuse is offensive, but it's really not a good excuse. Even if it is hearsay, it may be a crime of libel to publicize things that are not true or false. In the end, the court verified that the contents of the report letter were purely fabricated and sentenced the defendant Yang to one year in prison for libel.

Case study:

Generally speaking, defamatory content has been clicked and viewed more than 5000 times, or has been developed more than 500 times; Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives; Those who have received administrative punishment for libel and slander others within two years meet the standards for filing libel cases.

Yang posted and publicized information that he didn't know was true or false at will, which caused a storm in the city and caused serious damage to Huang's reputation and company image. It should be considered serious. According to Article 246 of China's Criminal Law, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Excessive cursing may lead to arrest and imprisonment like Yang. In fact, swearing can not only commit libel, but also insult and stir up trouble. For Yang, fabricating facts and spreading rumors can be regarded as an insult, so does it constitute an insult?

Both the crime of insult and the crime of slander belong to the crime of damaging others' personality, but there are great differences between them: the crime of slander must be fabricated content, and the crime of insult must be true content; Defamation generally takes the form of oral and written words, and insults are violent; Defamation is often spread in public or through the third platform, while insult is carried out in front of the victims.

In Yang's case, if he insults and beats in front of Huang, and the facts of his complaint are true, he is suspected of committing insult. The sentencing of the crime of insult is similar to that of libel, and both of them are sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

It is worth mentioning that these two kinds of charges are handled only after being informed. Considering the subjective emotional will of the victim, the court will accept the case only after the injured party files a private prosecution. However, not all libel and insult need to be prosecuted. If they seriously endanger social order and national interests, such as slander and insult, causing casualties, public anger, endangering international relations, etc., they will be directly prosecuted by the procuratorial organs.

As mentioned above, swearing may not only lead to the crime of libel and insult, but also constitute the crime of provoking trouble. Under what circumstances can we reach the filing standard of picking quarrels and making troubles? Does Yang in the appeal case have the behavior of seeking trouble?

Generally, picking fights includes the following four behaviors: ① beating others at will, and the circumstances are bad; (2) Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; (three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious; (4) Gathering people to make trouble in public places, causing serious disorder in public places.

According to Article 293 of China's Criminal Law, whoever stirs up troubles and disrupts social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Yang's main way is to post false words, and the crime of picking quarrels and provoking trouble is similar to the crime of insult, usually accompanied by provocative behavior, so it cannot be judged as the crime of picking quarrels and provoking trouble.

If you swear to a certain extent, you are suspected of committing a crime. So, what is a degree? Generally, it is necessary to judge whether the abusive content demeans the reputation of others and seriously affects their lives according to the unbearable degree; Whether the abused object is a hero; Whether the abuse is accompanied by chasing and beating; Whether it seriously disrupts social order, etc.

Among them, insulting the heroic spirit may also constitute the crime of insulting the heroic spirit. It can be seen that swearing can't be scolded casually. As a normal person, everyone exists in secular desires and anger, which often exist when they need to vent. There is no need to scold. This is human nature, but we also need to pay attention to content, object and behavior. Otherwise, it is really wrong to go to prison because of a temporary temper.

Rule 2: Call the police by cursing text messages.

Generally, administrative punishment will be given, detention for less than five days or a fine of less 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. Other circumstances stipulated by law.

First, can you call the police by swearing text messages?

1. Call the police by cursing text messages. Generally, administrative punishment will be given, detention for less than five days or a fine of less 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. Other circumstances stipulated by law.

2. Legal basis: 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.

Second, what is the standard for filing an insult?

According to Article 246 of the Criminal Law, anyone who is suspected of publicly insulting others by violence or other means, if the circumstances are serious, shall be placed on file.

Insult is a plot crime, and the behavior of the perpetrator who publicly insults others must reach the level of "serious circumstances" before it constitutes a crime and is investigated.

At the same time, the criminal law stipulates that the crime of insult should be dealt with only after being informed, except those that seriously endanger social order and national interests. According to Article 98 of the Criminal Law, it means that the victim is dealt with only after being informed. 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 in criminal law should be dealt with after being informed is that most insults occur among family members, neighbors and 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 relevant leaders, foreign heads of state, diplomatic envoys and other specific objects, which not only damages the reputation of the victims, but also harms national interests.

Criteria for filing a case of swearing III. What is the standard for insulting others?

The standard of filing an insult is insulting behavior, and the circumstances are serious. To specifically identify the crime of insult, we need to analyze it from the following four aspects:

(A) the object elements

The object of this crime is the personal dignity and reputation of others.

(b) objective factors

Objectively, this crime is characterized by publicly degrading personality and damaging the reputation of others by violence or other means, and the circumstances are serious.

1, insulting others.

2. Insults must be made in public. The so-called "public" insult refers to insulting others in front of a third party or even everyone, or in a way that can make unspecified people or most people hear and see.

The object of insult must be a specific person. A specific person can be one person or several people, but it must be specific and identifiable.

4. The act of publicly insulting others must reach a serious degree to constitute this crime. Although there is a blatant insult to others, it is not serious, just a general civil tort.

(3) Main elements

The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

(4) Subjective factors

Subjectively, this crime is direct and intentional, with the purpose of degrading personality and destroying the reputation of others. Indirect intention and negligence do not constitute this crime.

Second, what are the criteria for determining the crime of insult?

(A) the boundaries between lawful acts and insulting acts

It is necessary to draw a clear line between proper public opinion supervision and verbal insult; Draw a clear line between proper writing and degrading personality and reputation; Draw a clear line between the assessment, evaluation, appraisal and insulting behavior of the unit to which the parties belong according to their functions and powers; Reflect, report and expose immoral behavior, illegal behavior, criminal behavior and insulting behavior to the relevant departments through legitimate channels, and draw a clear line; Draw a clear line between well-intentioned criticism, including criticism of state functionaries and leaders at all levels, and malicious insults, and so on.

(2) The boundary between civil tort and insult and insult.

The difference between the two is that:

1, the severity of the behavior is different.

What constitutes the crime of insult must be "serious" behavior; According to article 140 1 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law (for Trial Implementation), insults in civil torts are limited to those that "have a certain impact".

2. The object of behavior is different.

The object of insult crime can only be a natural person; The object of civil tort and insult can be a legal person.

3. There are different requirements for the subjective fault of the actor.

Subjectively, the perpetrator of the insult crime must be direct and intentional; Subjectively, the infringer of civil insult has intention and negligence.

In other words, as long as the infringer is at fault and objectively causes damage to the personality and reputation of others, he should bear the legal responsibility of reputation infringement.

Insulting others' personality is an act that is not allowed by our laws. If the circumstances are serious, it will even constitute the crime of insult in our criminal law. Of course, the crime of insult is different from the general civil tort, and the objects of infringement are also different. The object of insult can only be a natural person.