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The standard of filing a case for cursing by SMS
The filing standards for short message swearing shall meet the following conditions:
1. The frequency and times of sending short messages reach a certain standard. According to the laws and regulations of different regions, there may be different specific requirements.
2. The content of the short message is insulting, maliciously attacking and slandering, which is serious.
3. The number of victims has reached a certain scale, or has caused relatively bad social impact.
To sum up:
The filing criteria of short message swearing need to meet the requirements of the frequency and times of sending short messages, the nature of short message content such as insult, malicious attack and slander, the number of victims and social impact. The specific filing standards need to be inquired according to the legal provisions of different regions.
Legal basis:
Article 246 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.
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