Joke Collection Website - News headlines - Can the rumor maker apologize?
Can the rumor maker apologize?
1. After being slandered, the infringer may be required to stop the infringement, apologize and compensate for the losses.
2. If negotiation fails, you can call the police directly. If the circumstances are minor, the public security organ shall impose administrative punishment according to the Law on Public Security Administration Punishment, and if the case constitutes a crime, criminal detention shall be imposed.
Finally, you can bring a lawsuit to the people's court.
3. Legal basis:
Public security administration punishment law
Article 42 Whoever commits 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, 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.
criminal law
Article 246 Crimes of insult and slander: Whoever publicly insults others or fabricates facts to slander others by violence or other means, 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.
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, the prosecution procedure of libel
1. If the victim or his legal representative, near relative or agent ad litem files a private prosecution, he may directly file a suit in a people's court with jurisdiction in writing or orally within the statutory limitation period. Private prosecution is generally in written form, that is, criminal private prosecution should be filed and submitted to the court. However, if the private prosecutor does have difficulty in writing a private prosecution, he can inform him orally, and the staff of the people's court will make a written notice and read it out to the private prosecutor. Upon confirmation, the private prosecutor shall sign or seal it.
(1) The names, gender, age, nationality, place of origin, education level, occupation, work unit and address of the private prosecutor, defendant and prosecutor; (2) The time, place, means, circumstances and harmful consequences of the defendant's criminal act; (3) Specific claims; (4) The name and specific time of the people's court; (five) the name and address of the witness and the name and source of other evidence. If there are more than three defendants, the private prosecutor shall provide a copy of the private prosecution according to the number of defendants when informing.
3. The people's court shall make a decision on whether to file a case within 15 days from the second day after receiving the private prosecution or oral notice, and notify the private prosecutor or the prosecutor in writing. For a case of private prosecution that has been put on file and lacks criminal evidence after examination, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution. However, if the private prosecutor puts forward new evidence that is enough to prove the defendant guilty and re-charges, the people's court shall adopt it.
4. It is a crime of libel, and if the circumstances are serious, it constitutes a crime of libel. If negotiation fails, evidence can be collected in time, and the other party can be sued in the court where the defendant is located, demanding to bear civil tort liability, apologize and compensate for mental losses.
If you want to deal with it after being slandered by others but don't know how to help you defend your rights, you can find a lawyer online.
- Previous article:Complete works of Yichun tourist attractions
- Next article:Slogan. poster
- Related articles
- What is the postcode of Jiangbei Village?
- Civilized service banners and slogans at Spring Festival travel toll stations
- Honeywell¡¯s History
- Slogans to improve employee innovation
- On the Classification of Traditional Painting Banners in China
- How much is a gram of South African placer gold?
- Freshman meeting process
- In the new era, what should Chinese youth take as their own responsibility in continuing to carry forward the spirit of the May 4th Movement?
- Campus activities publicity program
- How to do a good job in agricultural technical services