Joke Collection Website - Public benefit messages - Can it be a crime for a woman to make a bad review online and a merchant to send her funeral items?
Can it be a crime for a woman to make a bad review online and a merchant to send her funeral items?
Ms. Li received two express parcels, but there was no online shopping during this time. When she opened the parcel and saw the contents, Ms. Chen was shocked. These two packages are "Shoumao" and "Yuanbao".
Ms. Li said that this is not the first time she has received funeral supplies, and she has also received embroidered shoes from the deceased before.
It turns out that Ms. Li once bought a dress online. There is something wrong with the quality of the skirt, which cannot be properly solved after sale. She gave each other a bad review.
Subsequently, the merchants kept bombing by phone messages, which seriously affected Ms. Li's daily life.
Ms. Li, who continues to receive funeral supplies, said that these harassment seriously affected her daily life and her mental state was deeply affected and suffered a major blow.
So, Ms. Li chose the police. However, after the alarm, the seller was still very arrogant and thought that the police were pretending to be Ms. Li's family and did not stop harassing Ms. Li.
The police confirmed that the harasser was the seller. According to the existing law, the seller was administratively detained by the police for the crime of seeking trouble.
This case is an actual case, and the situation is different. Addition and deletion here are for legal discussion only.
In this case, the seller was suspected of making trouble.
What is the crime of stirring up trouble? The crime of stirring up trouble refers to the act of arbitrarily provoking, beating, harassing others, arbitrarily destroying or occupying public and private property, or creating troubles in public places, which seriously undermines social order.
In this case, the merchant (or the third party) mailed funeral supplies many times, which was quite intimidating to a woman, and this behavior has led to the woman's mental breakdown.
The seller continued this behavior despite the police warning, which fully met the constitutive requirements of the crime of picking quarrels and stirring up trouble, and should be investigated for criminal responsibility for the crime of picking quarrels and stirring up trouble. In other words, the behavior of merchants (or third parties) mailing funeral items to women for many times should be characterized as the crime of stirring up trouble.
Article 293 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts:
(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. Now, do you understand?
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