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What is the crime of insulting others?
1, insulting personality is insulting. Because the object of insulting personality is the personal dignity and reputation of others. The rights of personal dignity and reputation are the basic personal rights of citizens. Whoever publicly insults others by violence or other means or fabricates 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.
2. Legal basis: Article 246th of the Criminal Law of People's Republic of China (PRC).
Insulting or slandering others openly by violence or other means or fabricating 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.
Second, what are the constitutive elements of the crime of insult?
1, object element. The object of the crime of insult is the personal dignity and reputation of others. The right of personal dignity and reputation are the basic personal rights of citizens;
2. objective factors. The crime of insult is objectively manifested as a serious act of publicly degrading the personality and reputation of others by violence or other means;
3. Main elements. The subject of the crime of insult is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of insult;
4. Subjective factors. Subjectively, the crime of insult is direct and intentional, with the purpose of degrading personality and destroying the reputation of others. Indirect intent and negligence do not constitute the crime of insult.
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