Can I file a case if there is a recording of swearing on the phone?

Calling people by phone and recording them can generally be recorded. The way to file a case of telephone harassment is that when the victim is openly insulted or slandered by the harasser, and the circumstances are serious, the victim can request the people's court to file a case for private prosecution, or call the police to protect his rights and interests. Telephone recording can be used as evidence, but it should form a chain of evidence. Audio-visual materials such as mobile phone text messages and videos can not be used as the basis for determining the facts of the case alone, but can be used as the final evidence of the case only if there is other evidence to support it.

If there is a bad recording of telephone abuse, it may be suspected of picking fights and filing a case. Whoever insults others, if the circumstances are vile, and disturbs social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. 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. It is a provocation to make a phone call and deliberately insult others. You can call the police and ask the public security organ to deal with it according to law. In civil matters, the insulted person can also file an infringement lawsuit, sue the infringer for compensation and apologize. If the circumstances are serious, it may be suspected of insulting, and the victim may lodge a complaint with the public prosecution organ or file a criminal private prosecution with the court.

Legal basis: Article 293 of the Criminal Law 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.