Is it illegal to throw shit at people?

Throwing dung at others is an infringement on citizens' right of reputation. Those who are light will be punished by public security, and those who are heavy will violate the criminal law and be investigated for criminal responsibility. In addition, anyone suspected of insulting others by violence or other means or fabricating facts to slander 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.

(1) Elements of crime

The contents of the constitutive elements of this crime are: using violence or other methods to openly slander others, and the circumstances are serious.

First, there must be insulting behavior. Insult refers to contempt for others' value judgment, which is usually related to others' ability, virtue, identity and physical condition. Even if the content expressed by the actor is a well-known fact, as long as it is a fact that damages the reputation of others, it is an insult. For example, even if everyone around you knows that someone is a prostitute, it is also an insult for the abuser to publicly insult her as a "bitch". There are four ways to insult:

One is violence and insult. Violence here does not mean killing, wounding or beating, but using force to discredit others. For example, forcing others to do embarrassing actions by force; Forcibly stuffed feces into his middle crowd.

The second is the insult of non-violent actions. "For example, after shaking hands with people, take out a paper towel and wipe it, which makes it disgusting."

The third kind is verbal insult, which is manifested in teasing, slandering and insulting the victim with words.

The fourth is the insult of words or pictures, that is, writing, posting and circulating big-character posters, small-character posters, cartoons and slogans that damage the reputation of others.

Second, insults must be made public. The so-called "blatant" insult refers to insulting others in a way that is not specific or most people may know. An unspecified person means that the other party is not restricted by a specific relationship. For example, insulting others on the road or in the street is a blatant insult. "Majority" has no definite quantity requirement, and needs to be judged by combining the time and place of the act and the relationship between the other party and the victim. For example, insulting others to a family of four in a house is generally not made public. However, it is blatant to insult the victim to three colleagues in the victim's work unit. Insults are not required to occur in public places; And openly did not ask the victim to be present. However, if it is only insulting the victim, and there is no third person present, it is impossible for the third person to know, so it does not constitute an insult. On the other hand, as long as an unspecified person or most people may know it, even if they don't know it in reality, it will not affect the establishment of this crime. Whoever insults others through e-mail or the Internet also commits this crime.

Third, 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. Even an evil person or a nominal person may become the object of insult. However, those who publicly expose the facts that damage the reputation of public figures should not be easily identified as this crime. Abuse without a specific object in public does not constitute insult. The deceased cannot be the object of insult in this crime, but if insulting the deceased on the surface is actually insulting the family of the deceased, it should be regarded as an insult. A legal person cannot be the object of this crime, but if it is an insult to a legal person on the surface, it is actually an insult to a natural person such as a legal representative, which should be regarded as an insult.

Fourth, the circumstances are serious. Serious circumstances mainly refer to the following situations: bad means, such as stuffing feces into his population in public; If the insult causes serious consequences, such as the victim committing suicide because of the insult, the victim is insane because of the insult; Repeated abuse, etc.

It should be noted that spreading the true facts that damage the reputation of others objectively protects the interests of the public, such as exposing the true immoral behavior of candidates in public, which is not an insult.

(B) the form of subjective responsibility for crime

The subjective responsibility of this crime is intentional, and the actor knows that his insulting behavior will lead to the result of discrediting others, and hopes or allows this result to happen. legal ground

criminal law

Article 246 The crime of insult and slander publicly insults others by violence or other means or fabricates facts to slander others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.

If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 42 stipulates that anyone who 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 and falsely accusing others in an attempt 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, threatening or other information for many times, interfering with the normal life of others;

6. Peep, sneak shot, eavesdrop and spread others' privacy.