What is a malicious complaint?

Malicious reporting of complaints may be suspected of false accusation, provocation, slander and damage to business reputation.

Malicious reporting refers to the whistleblower who, in order to achieve his ulterior motives, does not hesitate to reverse right and wrong, fabricate facts and report false contents and nonexistent problems to the relevant departments. Based on one's own likes and dislikes, a report that violates the law in order to satisfy one's own selfish desires can also be called a malicious report.

The handling measures after malicious complaints are as follows:

1, the reported person can report the case to the public security organ to safeguard his legitimate interests;

2. Collect evidence of malicious reports from the other party, such as photos, videos and recordings. In order to safeguard their legitimate rights and interests;

3, reflect the truth to the relevant departments;

4. bring a lawsuit to the court;

5, clearly inform the other party of its illegal behavior.

Malicious complaints and alarm methods are as follows:

1. The respondent can report to the police after making a malicious complaint, which is suspected of constituting the crime of false accusation and framing.

2, the legal responsibility of malicious complaints. Malicious complaints against others, if the purpose is to make others bear criminal responsibility, are false accusations and framed acts, and serious cases will constitute a criminal offence.

3. If the complaint is malicious, after the public security organ files a case for investigation, the respondent can collect relevant evidence to prove that he has not committed any illegal or criminal acts, and in turn, he can complain to the person who falsely accuses him.

If someone falsely accuses you of being framed, it is suggested that the falsely accused person entrust a lawyer to handle it. The lawyer's intervention is very helpful for collecting evidence and defending.

To sum up, it is illegal to report others maliciously for many times, which will violate the Public Security Administration Punishment Law and bear legal responsibility. Complaint is a way to protect rights, but we will also encounter malicious complaints, so the rights and interests of many victims have been violated. The respondent can report to the police after complaining, which is suspected of constituting the crime of false accusation and framing.

Legal basis:

Article 243rd of the Criminal Law of People's Republic of China (PRC)

The crime of falsely accusing and framing others by fabricating facts with the intention of making them subject to criminal investigation. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

State functionaries who commit the crimes mentioned in the preceding paragraph shall be given a heavier punishment.

If there is no intentional frame-up, but false accusation or false accusation is made, the provisions of the preceding two paragraphs shall not apply.

Forty-second "People's Republic of China (PRC) Public Security Management Punishment Law"

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 to interfere with the normal life of others;

(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.