How to punish people who pretend to be on duty at the police station and threaten others by phone?

Threatening to intimidate others, without causing adverse consequences and harm, does not constitute a crime, and shall bear administrative responsibility and be detained for not more than five days or fined not more than 500 yuan. Threatening by sending text messages will not be recognized as a crime in general, but it is also illegal at this time, so the perpetrator should also be investigated for legal responsibility. And if the circumstances are serious, it will constitute the crime of provoking trouble.

Legal analysis

If only threatening someone or a few specific people by phone has not caused any adverse consequences and harm, then this behavior is not conclusive. This kind of behavior is called the expression of criminal intention, which is the expression of the actor's bad intention or criminal intention, rather than the specific injury behavior. Relevant laws punish behavior, not intentional expression of crime, so this kind of behavior cannot be punished as a crime. In the case of telephone threats, there are two ways to deal with them. One is that if the circumstances are minor and have no consequences, they can be detained for five to ten days or fined about 500 yuan. The other is that if the circumstances are serious enough to constitute criminal punishment, they can be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Threat refers to coercion by force or power; In danger. Intimidation is threatening others by harming their rights and interests or public interests, which makes them feel fear and panic. This is a criminal offence. No matter whether you are violent or not, even if you only verbally threaten the victim, there will be death threats or injuries to the parties or their families, companies and property rights. Threatening by texting is illegal, but the applicable laws and regulations are different according to the seriousness of the case.

legal ground

Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he 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: (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.