To what extent will a case be filed if you curse someone in public?

To what extent will a case be filed for cursing in public?

To what extent will a case be filed for cursing in public? We all know that it is wrong to hit or curse. Some people will do it in their daily lives. Conflicts with people in life lead to fights, but this is likely to trigger the law. So to what extent will a case be filed if someone curses in public? To what extent will a case be filed for swearing in public? 1

It must be serious. Taking the crime of defamation as an example, the same defamatory information is actually clicked or viewed more than 5,000 times, or forwarded more than 500 times; causing serious consequences such as mental disorder, self-mutilation, or suicide of the victim or his close relatives; 2. Anyone who has received administrative punishment for defamation during the year and also defamed others is considered a serious case and will be held criminally responsible for defamation.

At the same time, based on whether the content of the insult is fabricated, whether it derogates others' reputations, and seriously affects other people's lives; whether the target of the insult is a hero; whether the insult is accompanied by chasing and beating, and whether it seriously disrupts social order, etc. "Swearing" may also violate various crimes such as the crime of insult, the crime of insulting heroes, the crime of picking quarrels and provoking trouble, etc.

Article 246 of the "Criminal Law of the People's Republic of China"

Whoever openly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be punished 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.

Article 299-1

Insulting, slandering or otherwise infringing on the reputation and honor of heroes and martyrs, and harming social welfare * interests, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights.

Article 293: Anyone who commits any of the following acts of provoking quarrels and provoking troubles and disrupts social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance:

(1) Random beating Others, the circumstances are egregious;

(2) Chasing, intercepting, insulting, and intimidating others, the circumstances are egregious;

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

(4) Making trouble in public places, causing serious disorder in public places. 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. To what extent will a case be filed for swearing in public 2

If someone is suspected of publicly insulting others with violence or other methods, and the circumstances are serious, a case should be filed.

The crime of insult is a crime of circumstance. The perpetrator's behavior of openly insulting others must be serious enough to constitute a crime and be investigated.

The crime of insult refers to the use of violence or other methods to openly demean the personality of others and destroy the reputation of others, and the circumstances are serious.

The object of this crime is the personal dignity and reputation rights of others. The right to personal dignity and reputation are the basic personal rights of citizens.

The criminal targets of this crime can only be natural persons, not units.

Insulting legal persons and other groups and organizations does not constitute the crime of insult.

Objectively, it manifests serious behavior that uses violence or other methods to openly demean the personality of others and destroy their reputation.

Can you call the police if you insult others?

If it is a minor dispute in life similar to "being insulted", although you can call the police, the police will usually simply mediate and handle it , it cannot ultimately solve the problem, but it will leave an alarm record, which can be retrieved from the public security organs and used as important evidence when necessary.

Therefore, you can call the police when you are illegally infringed. As for the role and effect, you need to determine it according to the specific situation.

According to Article 42 of the "Public Security Management Punishment Law": "Anyone who commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, he shall be fined not more than five days. Detention for not more than ten days and a fine of not more than five hundred yuan may be imposed:

1. Writing threatening letters or threatening others’ personal safety in other ways;

2. Blatantly insulting others or fabricating Those who defame others by facts. ”

Anyone who insults others in public places and is suspected of openly insulting others shall be subject to public security administrative penalties according to law. To what extent will a case be filed for swearing in public 3

1. How to sue for malicious insults

1. According to the provisions of the "Civil Procedure Law", prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in this case;

(2) There is a clear defendant;

(3) There is a specific The litigation claims, facts and reasons;

(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.

2. Form of prosecution

To initiate a prosecution, a complaint shall be submitted to the People's Court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, the complaint may be filed orally, and the people's court will record the case and notify the other party.

3. Complaint

The complaint shall state the following matters:

(1) Plaintiff’s name, gender, age, ethnicity, occupation, and work unit , domicile, contact information, the name, domicile of a legal person or other organization, and the name, position, and contact information of the legal representative or principal responsible person;

(2) Name, gender, work unit, and domicile of the defendant and other information, the name, domicile and other information of the legal person or other organization;

(3) Litigation claims and the facts and reasons on which they are based;

(4) Evidence and sources of evidence, witnesses Name and address.

Insulting others is also illegal in law, but the method and degree of treatment will depend on the severity of the situation. Whether there is any extreme behavior or behavior after insulting others. Whether it has caused harm to others, etc., serious insult may even constitute the crime of insult. If a person insults them for no reason, then the person who was insulted can definitely sue him and demand compensation after an apology.

2. Legal provisions on infringement

"Civil Code"

Article 990 Definition of Personality Rights Personality rights are the rights to life, body and mind enjoyed by civil subjects rights, health rights, name rights, title rights, portrait rights, reputation rights, honor rights, privacy rights and other rights.

In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.

Article 995: Right to Claim Personal Rights If personality rights are infringed upon, the victim has the right to request the perpetrator to bear civil liability in accordance with the provisions of this Law and other laws. The statute of limitations does not apply to the victim's right to request to stop the infringement, remove obstacles, eliminate danger, eliminate influence, restore reputation, and make an apology.

Article 1,165 According to the principle of fault liability, if an actor causes damage due to his fault in infringing upon the civil rights and interests of others, he shall bear tort liability.

According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.