What is the sentencing for the crime of insult?

The crime of insult refers to the use of violence or other methods to openly demean the personality of others and tarnish the reputation of others, and the circumstances are serious. 1. Objective components. Objective crimes are manifested in acts that openly insult others and damage their personality and reputation by violence or other methods. It includes the following three aspects: (1) The insult must be carried out by violence or other methods. In practice, the methods of insulting behavior mainly include violence, words, words and pictures. Violent methods refer to the use of physical coercion to humiliate others, such as forcing the victim to eat feces and drink urine, stripping off the victim's clothes and humiliating the victim in public, forcing the victim to perform some humiliating actions, etc. Verbal methods mainly refer to the use of words to slander, insult, and ridicule the victim to humiliate the victim. The method of words and pictures refers to the use of written words or pictures to damage the personality and reputation of others, such as writing, posting, distributing, mailing, and circulating large-character posters, small-character posters, cartoons, slogans, letters, etc. that damage the personality and reputation of others. (2) The insult must be carried out openly. The so-called public conduct means that the insult is carried out in the presence of many people, that is, it is carried out under conditions that can be seen and heard by many people. As for how many people know about the insult, and whether the victim is present or not, it does not affect the severity of this crime. established. Therefore, there are judicial interpretations that clearly stipulate that those who openly insult others in publications and the circumstances are serious will be convicted and punished for the crime of insult. For example, printing content that insults others into a book, or arranging it into a program, performing or singing on it, burning a CD to distribute to others, or uploading it to the Internet in the form of a video constitutes the crime of insult. (3) The insult must be directed at a specific person. A specific person can be one person or multiple people. Insulting without a specific target in public does not constitute a crime. If, although the perpetrator does not name the insult, other people can know the target of the insult, it also constitutes a crime. 2. The subjective component is intentionality and the purpose of harming the personality and reputation of others. Insulting behavior must be serious to constitute a crime. The so-called serious circumstances do not have specific provisions in the law. In trial practice, they generally refer to cases in which the means are bad, the consequences are serious, have serious social or political impact, seriously endanger social or national interests, etc. Those who constitute the crime of insult shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or public surveillance.

Legal Basis

Article 246 of the "Criminal Law of the People's Republic of China" uses violence or other methods to publicly insult others 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 in the preceding paragraph will only be dealt with upon complaint, except those that seriously endanger social order and national interests. If the victim commits an act specified in paragraph 1 through an information network and reports it to the People's Court, but it is really difficult to provide evidence, the People's Court may request the public security organs to provide assistance.