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How many times can SMS threats be filed?
If it does not constitute a crime, it 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 not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Threatening others constitutes a crime of stirring up trouble, and is generally punishable by fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Whoever gathers people to repeatedly threaten others and seriously disrupt 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.
After examining and prosecuting, the people's court decides to file a case for acceptance, which has the following legal effect:
1. The sued people's court has obtained jurisdiction. After filing a case, the people's court has the right and obligation to conduct a trial and make a judgment in accordance with legal procedures;
2. There is a specific litigation legal relationship between the parties and the people's court. After the people's court accepted the case, the two parties respectively obtained the plaintiff's and defendant's litigation subject status and enjoyed their different litigation rights and obligations according to law;
3, the limitation of action is interrupted, resulting in the effectiveness of substantive law. If the people's court accepts a lawsuit brought by a party, the limitation period of action shall be recalculated; If the people's court decides not to accept the case, the limitation of action shall be counted continuously from the effective date of the ruling on inadmissibility.
legal ground
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 42 Whoever commits 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.
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