Is it a crime for a person to say you in public?

There are strict standards for determining the crime of insult or libel. Talking about you in public generally does not constitute a crime, but usually criticizes education.

1. Article 42 of the Law of People's Republic of China (PRC) 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 five hundred yuan; 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.

If serious consequences are caused, criminal responsibility shall be investigated.

2. Article 246 of the Criminal Law: 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.

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.

Third, the crime of libel and false accusation.

The crime of insult refers to the act of publicly insulting others by violence or other means, and the circumstances are serious; Objectively speaking, the "insult" mentioned here refers to the act of openly defaming personality and damaging the reputation of others by violence or other means. The way of insult can be violence or other ways besides violence. The so-called "violence" refers to the damage to the personality and reputation of others by coercive means, such as forcing others to "wear a top hat" to March and strip off others' clothes in public. The purpose of violence here is not to harm the health of others. Whoever causes death or injury to others in the process of committing violent insults constitutes the crime of intentional homicide or intentional injury. The so-called "other methods" refers to insulting others by means other than violence such as language and writing, such as publicly mocking and cursing, posting leaflets or cartoons to insult others. The so-called "openly" insulting others means insulting others in public or in a way that can be heard or seen by many people. Insulting others must be done in public. If it is not public, it does not constitute this crime. The so-called "others" here refers to a specific person, that is, the act of insulting others must be specifically targeted at a specific person. If it is not aimed at a specific person, it is general abuse, which does not constitute this crime. Subjectively, this crime is intentional and has the purpose of insulting others, and negligent behavior does not constitute a crime.

Defamation refers to deliberately fabricating facts, openly damaging the personality and reputation of others, and the circumstances are serious. "Defamation" refers to the act of deliberately fabricating facts, spreading facts and damaging the personality and reputation of others. The so-called "fabricating facts" means making false facts out of nothing. In addition to fabricating facts, libel should also spread fabricated facts, including oral and written methods. The act of fabricating facts and the act of spreading must exist at the same time to constitute this crime. If you just fabricate facts and talk privately with individual relatives and friends, if you don't spread them, or if you spread objective facts instead of fabricated false facts, it doesn't constitute this crime. This crime is intentional, and the crime of libel must also be directed at a specific person.

According to the provisions of this article, any act that constitutes the crime of insult or slander must be serious. The "serious circumstances" mentioned here mainly refers to insulting and slandering others, using bad means, having serious consequences or bad influence. With regard to the punishment for the crime of insulting and slandering, according to the provisions of this paragraph, 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.

The second paragraph of this article is about the provision that the crime of insult and slander belongs to the crime of reporting. According to this provision, the people's court can only accept the crime of insult and libel if the insulted person or slanderer files a complaint with the people's court in person. If the insulted person or slanderer does not file a complaint, the judicial organ cannot take the initiative to accept it and investigate the criminal responsibility of the insulted person or slanderer. However, there are exceptions. First, according to the provisions of Article 98 of this Law, if the victim is coerced or intimidated and cannot tell, the people's procuratorate and the close relatives of the victim can also tell; Second, according to this provision, unless it seriously endangers social order and national interests, the term "seriously endangering social order and national interests" here mainly refers to insulting and slandering acts that seriously disrupt social order; Insulting or slandering a diplomatic envoy, causing adverse international influence; Insult and slander have a bad influence on the national image, and so on. The people's procuratorate may initiate a public prosecution for this crime of insulting and slandering that seriously endangers social order and national interests.