Is it illegal to send wreaths to others?

Sending a wreath is illegal and is a blatant insult to others. If the circumstances are serious, it may constitute the crime of insult.

According to the laws and regulations of our country, anyone who openly insults others 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 detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan. A fine of less than RMB 10,000.

The constituent elements of the crime of insult are as follows:

The constituent elements of this crime are the use of violence or other methods to openly tarnish the reputation of others, and the circumstances are serious.

1. There must be insulting behavior. Insult refers to an expression of value judgment that expresses contempt for others. The content expressed is usually related to other people's abilities, virtues, identities, physical conditions, etc. Even if the content expressed by the perpetrator is a publicly known fact, as long as the content is a fact that damages the reputation of another person, it is an insult. There are four ways of insulting:

(1) Violent insult. Violence here does not refer to killing, injuring, or beating, but refers to using force to ruin the reputation of others. Such as using force to force others to do embarrassing actions; forcing feces into other people's mouths, etc.

(2) Non-violent physical insults.

(3) Verbal insult, manifested in using words to tease, slander, and abuse the victim.

(4) Written or graphic insults, that is, writing, posting, and circulating big-character posters, small-character posters, cartoons, slogans, etc. that damage the reputation of others.

2. Insulting behavior must be carried out openly. The so-called "blatant" insult refers to insulting others in a way that is not specific or likely to be known to most people. An unspecified person refers to a person who is not limited by a specific relationship. For example, cursing others on the road or in the street is a public insult. There is no definite number requirement for "majority of people" and it needs to be judged based on the time and place of the behavior and the relationship between the other party and the victim. Insulting behavior does not require to occur in a public place; publicity does not require the presence of the victim. However, if the insult is only done in front of the victim, without the presence of a third party, and it is impossible for the third party to know, it does not constitute the crime of insult. On the other hand, as long as an unspecified person or a majority of people may know it, even if there is no actual knowledge, it will not affect the establishment of this crime. Anyone who uses e-mail or the Internet to insult others is also guilty of this crime.

3. The target of insult must be a specific person. The specific person can be one person or several people, but it must be specific and identifiable. Even evildoers or people with false reputations can be the target of insult. However, openly exposing facts that damage the reputation of public figures should not be easily regarded as this crime. Swearing without a specific target in public does not constitute the crime of insult. The deceased cannot be the object of insult in this crime, but if the deceased is insulted on the surface but is actually insulted to the family of the deceased, it should be deemed as a crime of insult. Legal persons cannot be the object of this crime, but if the person is insulted on the surface but is actually insulted to a natural person such as the legal representative, it should be deemed as a crime of insult.

4. The circumstances are serious. Serious circumstances mainly refer to the following situations:

(1) Violent means, such as stuffing feces into other people’s mouths in public;

(2) Insulting behavior causing serious consequences, such as The victim commits suicide due to the insult, or suffers mental disorder due to the insult; (3) The victim commits multiple insults, etc.

It should be noted that if the dissemination of true facts that damages the reputation of others objectively protects the interests of the public, such as exposing a candidate’s true immoral behavior in public, the crime of insult will not be committed.

The form of subjective liability for this crime is intentionality. The perpetrator knows that his insulting behavior will cause damage to the reputation of others, and hopes or allows this result to happen.

Legal basis:

"Public Security Management Punishment Law"

Article 42

Whoever commits any of the following acts shall be punished Detention for not more than five days or a fine of not more than five hundred yuan; if the circumstances are more 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 five hundred yuan:

(1) Writing threatening letters or otherwise Threaten the personal safety of others;

(2) Blatantly insult others or fabricate facts to slander others;

(3) Fabricate facts to frame others in an attempt to subject others to criminal prosecution or Being punished by public security administration;

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

(5) Repeatedly sending obscene, insulting, Intimidation or other information that interferes with the normal life of others;

(6) Peeping, filming, eavesdropping, or spreading other people's privacy.