How to avoid being detained for sending threatening text messages

If the crime does not cause substantial or mental damage to the other party, does not have a huge impact on the other party's daily life, and the other party does not take the initiative to report the crime or agrees to forgive after reporting the crime, the case is not serious and may not be detained.

The crime of intimidation has been included in the scope of punishment in the "Criminal Law Amendment (8)". In serious cases, it may be applicable to the crime of picking quarrels and provoking troubles in the criminal law:

"People's Republic of China** *Article 293 of the Criminal Law of the People's Republic of China The crime of picking quarrels and provoking troubles includes any of the following acts of picking quarrels and provoking troubles, disrupting social order, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance: [1]

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

(2) Chasing, intercepting, insulting, and intimidating others, the circumstances being serious;

(3) Taking things by force or damaging them arbitrarily , occupying public or private property, and the circumstances are serious;

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.

In addition, if it is not simply an act of intimidation, but there are other circumstances as follows:

1. Asking for property when threatening may constitute the crime of extortion. my country’s Criminal Law Article 200 Article 74 Whoever extorts public or private property if the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

2. Article 8 of the Amendment (3) to the Criminal Law of the People's Republic of China stipulates: "Place false explosive, poisonous, radioactive, infectious disease pathogens and other substances, or fabricate explosive threats, biochemical threats , radiological threats and other terrorist information, or intentionally disseminate terrorist information knowing that it is fabricated and seriously disrupting social order, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance; if serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than five years. ”

The "Public Security Administration Punishment Law" applies to minor cases

Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China" stipulates: Anyone who commits the following acts 1, shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, 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:

(1) Writing threats Believe or use other methods to threaten the personal safety of others;

(2) Blatantly insult others or fabricate facts to slander others;

(3) Fabricate facts to frame others in an attempt to make others Subject to criminal prosecution or public security administration penalties;

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

(5) Sent multiple times Obscene, insulting, threatening or other information that interferes with the normal life of others;

(6) Peeping, filming, eavesdropping, or disseminating other people's privacy.

In short, the crime of intimidation is currently criminalized. If you must send a threatening letter, the other party may call the police and be detained according to the relevant provisions of the "Public Security Management Punishment Law". Therefore, the recommended way to avoid detention is Don't post it.