Is it illegal to curse someone? How to deal with it at the police station? Civil Code

Swearing is an insult to others. The person being scolded can report the case to the public security organs. The public security organs have the right to deal with the behavior of insulting others.

The following is a rough handling procedure:

1. Case filing: The reporter needs to provide the police with detailed information about the incident of swearing, including the time and place of the incident, and the identity of the person who cursed. etc., and provide possible evidence, such as live videos, photos, chat records, etc.

2. Investigation and evidence collection: The police will investigate the incident based on the information provided by the reporter, collect evidence, interview and investigate the scolded witnesses, and obtain relevant evidence.

3. Determine the illegal nature: The public security organs will determine whether the swearing behavior meets the illegal conditions of the law based on the evidence collection results, such as constituting an insult or maliciously slandering the reputation of others.

4. Decision on handling: Based on the results of investigation and evidence collection, the public security organ will decide whether to impose administrative penalties on the person who curses.

Criteria for filing a case for the crime of insult:

1. If someone is suspected of publicly insulting others with violence or other methods, and the circumstances are serious, a case should be filed.

2. The crime of insult is a crime of circumstance. The perpetrator's behavior of openly insulting others must reach the level of "serious circumstances" to constitute a crime and be investigated.

3. Seriously endangering social order refers to the situation where the insult causes the victim to become mentally disturbed or even commit suicide, and the victim is unable to tell or loses the ability to tell. "Endangering national interests" refers to insulting a specific target, which not only harms the reputation of the individual victim, but also harms national interests.

To sum up, if the behavior of swearing is excessive and the rights and interests of others are damaged by swearing, then you need to bear legal responsibility for it, but the punishment should be based on the actual situation. To handle it, and if anything is not handled well, you can use legal means to protect your rights and interests.

Legal basis:

"Public Security Administration Punishment Law of the People's Republic of China"

Article 42

Yes Anyone who commits any 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 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 using other methods to threaten the personal safety of others;

2. Blatantly insulting others or fabricating facts to slander others;

3. Fabricating facts to frame others in an attempt to Subjecting others to criminal prosecution or public security management penalties;

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

5. Sending multiple times Obscene, insulting, threatening or other information that interferes with the normal life of others;

6. Regulations on peeping, secretly filming, eavesdropping, and disseminating other people's privacy.