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How to get evidence for insulting others
The method of collecting evidence for insulting others is as follows. The evidence of insult is the material that records the other party’s insult. It will be different depending on the way of insult. If you encounter others who abuse you in your daily life, you must try your best to collect relevant evidence. At this time, you can also report the case to the public security agency and handle it in a legal way.
The methods of obtaining evidence for insulting others are as follows:
1. For common verbal abuse, evidence can be obtained through audio and video recording;
2. We can prove it through witness testimony. Generally, many people will be abused in public places. At this moment, we have many witnesses present who can help us testify. If there is surveillance, we can also call for surveillance;
3. If it is text abuse, it will be easier to collect evidence. Nowadays, common methods of text abuse mainly include sending text messages, WeChat, Tencent QQ or posting notices. At this time, just leave the corresponding records. However, it should be noted that the original written records need to be preserved. You cannot only keep the screenshots and delete the original records, because the legal nature of the screenshots is that they are copies, not originals, and the evidence used in the lawsuit should be verified to be consistent with the originals. ; Nowadays, common ways of verbal abuse include sending text messages or posting notices. At this time, just leave corresponding records.
The original text record needs to be preserved. You cannot only keep the screenshots and delete the original records, because the legal nature of the screenshots is a copy, not an original, and the evidence used in the lawsuit should be consistent with the original.
The evidence of insult is the material that records the content of the other party's insult, which will vary depending on the method of insult. If you encounter others who abuse you in your daily life, you must try your best to collect relevant evidence. At this time, you can also report the case to the public security agency and handle it in a legal way.
The methods of obtaining evidence for insulting others are as follows:
1. For common verbal abuse, evidence can be obtained through audio and video recording;
2. We can prove it through witness testimony. Generally, many people will be abused in public places. At this moment, we have many witnesses present who can help us testify. If there is surveillance, we can also call for surveillance;
3. If it is text abuse, it will be easier to collect evidence. Nowadays, common methods of text abuse mainly include sending text messages, WeChat, Tencent QQ or posting notices. At this time, just leave the corresponding records. However, it should be noted that the original written records need to be preserved. You cannot only keep the screenshots and delete the original records, because the legal nature of the screenshots is that they are copies, not originals, and the evidence used in the lawsuit should be verified to be consistent with the originals. ; Nowadays, common ways of verbal abuse include sending mobile phone text messages or posting notices. At this time, just leave the corresponding records.
The original text record needs to be preserved. You cannot only keep the screenshots and delete the original records, because the legal nature of the screenshots is a copy, not an original, and the evidence used in the lawsuit should be consistent with the original.
The act of insult itself can be regarded as an infringement of personality rights. Being insulted by others generally requires evidence to prove the establishment of the infringement, evidence to prove the damage caused to oneself, and proof that the infringement is related to the fact of damage. Evidence of causal relationship and evidence that the perpetrator is subjectively at fault. According to relevant regulations, if someone openly insults others, and the insult has a serious impact on the victim, such as mental disorder, etc., it will constitute the crime of insult.
Legal Basis
Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan The following fines may be imposed; if the circumstances are more serious, the person shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan:
(1) Writing threatening letters or threatening the personal safety of others by other means;< /p>
(2) Publicly insulting others or fabricating facts to slander others;
(3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution or public security management penalties;
p>
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) Repeatedly sending obscene, insulting, threatening or other messages to interfere with the normal behavior of others Daily life;
(6) Peeping, filming, eavesdropping, and spreading other people’s privacy.
"Criminal Law of the People's Republic of China (2020 Amendment)"
Article 246: Crime of Insult and Crime of Defamation: Publicly insulting others or fabricating facts by violence or other methods Anyone who slanders 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 in the preceding paragraph will only be dealt with upon complaint, except for those that seriously endanger social order and national interests.
If the victim commits an act specified in paragraph 1 through an information network and reports it to the People's Court, but it is really difficult to provide evidence, the People's Court may request the public security organs to provide assistance.
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