What should you do if you meet a scary lover? Remember the five principles of self-protection

Author＼Xu Huizhen Lawyer

What to do when facing a scary lover?

1. Common cases of scary lovers:

1. The behavior of a scary lover injuring the victim, invading the residence, and forcing him to commit suicide involves the crime of ordinary injury in Article 277 of the Criminal Law , Article 306 of the Criminal Code, crime of invading residence, Article 221 of the Criminal Law, obstruction of sexual autonomy.

2. It is not a crime for a horrible lover to curse privately through messaging software, but if there are words like "I will definitely make you die ugly" or "I see you walking with him again, Messages such as "I will definitely blow your head off" have conveyed "notice of harm" to the victim and are enough to cause "fear", which involves the crime of intimidation under Article 305 of the Criminal Law.

3. The Horror Lover uses various communication software to make the news status visible to unspecified people in public or in groups, and posts posts similar to "XXX is a **** (bad thing), stealing people behind my back", "XXX is a bad person", "XXX is obscene" and other words, the horror lover is involved in the crime of public insult under Criminal Code 309. To put it another way, if the Horrible Lover posts remarks without curse words, such as "XXX defrauded me of my money", "XXX stole my money", "XXX used to be a hotel lady", it is enough to damage a person's reputation. Credit, Horrible Lover involves the crime of serious defamation under Article 310 of the Criminal Law.

4. The horror lover disseminates the video footage of his ex-lover *** and ***, which involves the crime of spreading obscene articles under Article 235 of the Criminal Law. If *** is involved, it also involves the crime of obstructing secrets under Article 315-1 of the Criminal Law. , coupled with threatening the victim to give money or get back together, etc., the terrorist lover is also involved in the crime of intimidation.

5. The horrible lover asked for the gifts given during the relationship, so through the judicial police agency, he falsely accused "misappropriation", "theft" and other "unfounded" charges. The horrible lover was involved in Article 169 of the Criminal Law. False accusation.

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2. The scary lover may be involved in crime:

The above summary There are about nine crimes that terrorize lovers. Among them, "false accusation", "forced sexual intercourse", "distributing obscene articles" and "intimidation" are crimes of "not telling but judging". This kind of crime is even if the other party Without filing a charge, prosecutors will proactively investigate the case as long as the criminal circumstances are confirmed. Other crimes such as "crime of injury" and "crime of obstructing secrets" (*** *** CD) are subject to fixed-term imprisonment of not more than three years; followed by "aggravated defamation" (that is, publishing a message on the Internet to say that the other party is a "hotel" "Miss", "fraudster"), this crime is punishable by imprisonment for not more than two years, and the most minor crime is public insult, which is punishable by short-term imprisonment or a fine of not more than three hundred yuan.

3. Victims remember to: Remember to take screenshots on your mobile phone or take photos, audio and video recordings, etc., or provide witnesses to record the harmful behavior of the terrorist lover and use it as evidence, so that you can properly protect your own rights and interests.

4. The victim can also request civil compensation from the terrorist lover:

(1) The victim can choose to use the "criminal incidental civil litigation method" after the terrorist lover is prosecuted in a criminal case. Or the victim "directly files a civil lawsuit" to request compensation for damages from the terrorist lover.

(2) The victim must prove:

1. The terrorist lover committed intentional or negligent acts of infringement

2. The terrorist lover’s behavior caused damage to the victim

3. Damage to the victim

(3) The victim can provide "screenshots", "recordings" and "videos" of the horrific lover's photos of the abuse to prove the other party's criminal behavior, and use "injury examination" "Documents", "Medical Certificate", "Medicines Taken", "How much was the original job salary" to prove your damages.

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5. In addition, victims can receive help according to the "Domestic Violence Prevention and Control Act":

(1) Domestic violence occurs when family members are physically, mentally or financially harassed, controlled, threatened or otherwise unlawfully violated.

(2) If temporary domestic violence occurs: first protect your own safety, avoid harm to important parts of the body, and call 110 as soon as possible. The police will intervene to stop the violence, collect criminal evidence, and assist Escort the victim to medical treatment.

(3) If domestic violence has continued for a period of time: It is recommended that the victim dial the 24-hour protection hotline "113" for consultation and reporting at any time, or contact the local *** Domestic Violence and Sexual Assault Prevention and Treatment Center To seek assistance, the prevention and treatment centers all deploy social workers to assist victims and provide services such as shelter placement, legal assistance, medical subsidies, financial assistance, psychological counseling or employment guidance.

(4) Even if they are boyfriends and girlfriends (including men and women) who are not married or living together, they can apply for a protection order and seek assistance and protection from relevant units.

(5) Terrorist lovers can also report domestic violence online. The link of the Department of Protective Services of the Ministry of Health and Welfare: ecare.mohw.gov/