Criteria for filing harassment crimes

standard for filing harassment crime

the standard for filing harassment crime is that you can take up legal weapons when harassing yourself. Harassment is very common in real life, and harassing others is illegal, and the offenders can be punished accordingly. Let's take a look at the criteria for filing harassment crimes. Criteria for filing a harassment crime 1

1. What are the criteria for filing a harassment crime

According to the provisions of China's Public Security Administration Punishment Law, if someone harasses others and affects their normal life, the victim can report to the police and the public security organ will investigate the case.

There is no charge of harassment in the criminal law. According to the provisions of the Law of the People's Republic of China on Public Security Administration Punishment, the victim can report the case to the public security organ for investigation. Evidence can be witness, material evidence, various audio evidence, etc.

1. writing threatening letters or threatening the personal safety of others in other ways;

2. publicly insulting others or fabricating facts to slander others;

3. fabricating facts to falsely accuse or frame others.

Second, how to identify the crime of sexual harassment

1. The subjective purpose of the behavior contains sexual requirements or sexual intentions

That is, the subjective aspect of the behavior of sexual harassment by the actor must contain sexual purposes, and this behavior is unwelcome, unwilling and uninterested by the victim. However, in view of China's national conditions, social public places such as stations, squares and other large places are often crowded and collision is inevitable due to limited conditions, so strict identification standards should be adopted.

2. Identification of behavior

In a broad sense, strong-rape, forced indecency and insult to women are also a kind of harassment to women, but in a degree, it is more appropriate to call it sexual-aggression, so the Criminal Law takes more severe punishment on it. Sexual harassment is a relatively light sexual aggression.

Sexual harassment usually means that the harasser makes unwelcome language or actions related to sex to the harassed person, including physical contact, speech, graphic display, eyes and gestures, such as telling dirty jokes, commenting, showing pornographic pictures, publications and articles, asking about sexual privacy, dating, ogling eyes, sexual posture, physical touch, exposing sexual organs, etc.

3. Definition of sexual harassment occasions

Sexual harassment can be divided into three situations: first, sexual harassment between superiors and subordinates, employers and employees or colleagues in administrative organs, enterprises and institutions; Second, employees suffer from customer harassment when they work for the unit; Third, sexual harassment between strangers in public places, such as buses. The first and second kinds of situations can be called workplace harassment, while the latter can be called public workplace harassment.

4. The objects of sexual harassment include both women and men; Both the opposite sex and the same sex

In China, although it has never been recorded in writing, it has also occurred from time to time in recent years. Therefore, we should learn from the development trend of the concept of sex-harassment abroad to make it more forward-looking, and also bring the above situation into the research category of sex-harassment. So that our future legal regulation of sexual harassment can be as broad as possible to avoid omission.

Legal basis:

Article 42 of the Law of the People's Republic of China on Public Security Administration Punishment commits one of the following acts, and shall be detained for not more than five days or fined not more than 5 yuan; If the circumstances are serious, he shall be detained for more than five days and less than ten days, and may also be fined for less than 5 yuan. Criteria for filing the crime of harassment 2

1. Writing threatening letters or threatening the personal safety of others by other means; 2. Publicly insulting others or fabricating facts to slander others; Three, fabricating facts and falsely accusing others, in an attempt to make others subject to criminal investigation or punishment by public security management; 4. Threatening, insulting, beating or retaliating against witnesses and their close relatives; Five, repeatedly send obscene, insulting, threatening or other information, interfere with the normal life of others; 6. Peeping, taking candid photos, eavesdropping or spreading others' privacy.

With the progress of national science and technology, in today's society, the network and communication technology are also developing at a high speed. Everyone will use communication means in their lives, so there will be criminals who use the network and communication to harass citizens. What is the standard for filing the crime of telephone harassment? If criminals repeatedly harass others by telephone or other means, which constitutes interference with others' lives, they can be detained.

I. Criteria for filing the crime of telephone harassment

Article 42 of the Law on Public Security Administration Punishment, anyone who commits one of the following acts shall be detained for less than 5 days or fined for less than 5 yuan; If the circumstances are serious, he shall be detained for more than 5 days and less than 1 days, and may also be fined as follows by 5 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 punishment by public security administration;

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

(5) sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others;

(6) peeping, taking candid photos, eavesdropping or spreading others' privacy.

Second, telephone harassment

In some western countries, telephone harassment has become one of social hazards. Some lawless people dial the phone at will. If the harassed person who answers the phone is a lady or wife, they will swear and flirt with ugly words. What's more, some gangsters call their homes, and if they confirm that only the elderly, children or women are at home, they may go to commit crimes.

In order to deal with telephone harassment, some telephones have adopted the method of "number exposure". Although we don't know who the caller is at that time, we can display the telephone number he used. Some telephones have adopted the measures of "noise punishment". When they hear obscene words coming, they can press the noise button on the telephone to retaliate against the troublemakers with strong noise. In addition, methods such as "changing voice and tone", "one machine with two codes" and "screening calls" can also be adopted.

China has no clear laws and regulations to stop the harassment of telephone calls and text messages, but the harassed person can pursue the civil liability of the harasser according to the relevant laws of the Civil Code. First of all, it is certain that telephone harassment has infringed on the personality rights of others. According to the relevant laws of our country, personality right is a civil right enjoyed by civil subjects according to law.

In general, face-to-face abuse is the most common violation of others' personality rights. However, some people insult others by writing letters. After entering the information age, harassing others by making phone calls and texting has also become one of the ways to violate others' personality. Because of frequent telephone harassment, they can bring a civil lawsuit to the court, sue the other party for infringing their personal rights, and ask the other party to stop the infringement and compensate for the losses.

in addition, if you sue, you must have some evidence. Because of telephone harassment, the parties directly face only a telephone number. The parties can prove that it is the other party's number, but they can't prove that it is the other party's doing. In this case, to prove that the infringement is the other party's doing, it is necessary to adopt special methods such as recording and notarization.

The above is the information I compiled for you. In the above, I also answered the criteria for filing the crime of telephone harassment, because in contemporary society, harassment cases are endless. If you are harassed on the phone and on the Internet, we must first keep all kinds of evidence and report the case to the relevant departments in time. Everyone should learn to use legal means to protect their rights and interests. Criteria for filing a harassment crime 3

I. What are the criteria for filing a harassment crime

According to the provisions of China's Public Security Administration Punishment Law, if people harass others and affect their normal life, the victim can report to the police and the public security organ will investigate the case.

Second, what are the criteria for filing the crime of telephone harassment

Generally speaking, telephone harassment will not constitute a criminal offence, but it can be punished according to the provisions of the Public Security Administration Punishment Law.

III. Relevant laws and regulations

Article 42 of the Law of the People's Republic of China on Public Security Administration Punishment

Anyone who commits one of the following acts shall be detained for not more than five days or fined not more than 5 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan.