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What should I do if I am threatened by my ex-boyfriend
1. If you are threatened by your ex-boyfriend, you can call the police. The treatment method is:
(1) If it does not constitute a crime, the perpetrator shall be detained by the public security organ for not more than five days or fined not more than five hundred yuan. If the circumstances are serious, the perpetrator will be detained by the public security organ for more than five days and less than ten days, and may also be fined up to five hundred yuan;
(2) If it constitutes the crime of stirring up trouble and disturbing social order, the people's court shall impose fixed-term imprisonment of not more than five years, criminal detention or public surveillance on the criminal suspect.
2. Legal basis: Article 42 of the People's Republic of China (PRC) Public Security Administration 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, 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.
Article 293 of the Criminal Code of People's Republic of China (PRC).
Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:
(a) beating others at will, and the circumstances are bad;
(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;
(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;
(4) Causing serious disorder in public places.
Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.
Second, what are the constitutive elements of the crime of stirring up trouble?
1, object element. The object of infringement is public order. The so-called public order includes the order of public places and the same rules that people should abide by in their lives. The crime of picking quarrels and provoking troubles mostly occurs in public places, which often damages citizens' personal, personality or public and private property. However, the crime of picking quarrels and provoking troubles generally does not infringe on specific personal, personality or public and private property, but mainly points to public order, challenges the whole society and despises socialist morality and legal system.
2. objective factors. Objectively, it is manifested as making trouble, making trouble, making trouble without reason, beating and hurting innocent people, arbitrarily provoking, bullying and undermining public order;
3. Main elements. The subject is a general subject, and any natural person who has reached the age of 16 and has the ability of criminal responsibility can constitute the crime of provoking trouble;
4. Subjective factors. Subjectively, it can only be constituted by intention. That is, openly flouting national laws and social morality. Its motivation is to pursue spiritual stimulation and fill the spiritual emptiness through the activities of seeking trouble.
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