Criteria for filing a case of harassment crime

Criteria for filing a case of harassment crime

The standard for filing the crime of stirring up trouble is that you can pick up legal weapons when harassing yourself. Harassment is very common in real life. It is illegal to harass others, and offenders can be punished accordingly. Let's take a look at the criteria for filing harassment crimes.

Criteria for filing harassment crimes 1 1. What is the filing standard of harassment crime?

According to China's Public Security Administration Punishment Law, if someone harasses others and affects their normal life, the victim can call the police and the public security organ will file an investigation.

There is no charge of harassment in the criminal law. According to the Law of People's Republic of China (PRC) on Public Security Administration Punishment, the victim can report the case to the public security organ, which will conduct an investigation. Evidence can be witness, material evidence, various audio evidence, etc.

1, writing threatening letters or threatening the personal safety of others in other ways;

2 publicly insulting others or fabricating facts to slander others;

3. Fabricate facts and falsely accuse others.

Second, how to identify the crime of sexual harassment

1, the subjective purpose of the behavior contains sexual requirements or related intentions.

In other words, the subjective aspect of sexual harassment must include sexual purpose, which is unwelcome, unwilling and uninterested by the victim. However, in view of China's national conditions, public places such as stations, squares and other large places are often crowded due to limited conditions, and collisions are inevitable, so strict identification standards should be adopted.

2. Identification of behavior

Broadly speaking, rapists, compulsory indecency and insulting women are also a kind of harassment to women, but to a certain extent, it is more appropriate to call it sexual assault, so the criminal law has imposed more severe punishment on them. Sexual harassment is a relatively minor sexual assault.

Sexual harassment usually refers to the unwelcome sexual language or behavior made by the harasser to the harassed person, including physical contact, speech, graphic display, eyes and gestures, such as telling dirty jokes, commenting, showing pornographic pictures, publications and articles, asking about sexual privacy, dating, ogling eyes, sexual posture, physical contact, exposing sexual organs, etc.

3. Define the occasion of sexual harassment

Sexual harassment can be divided into three situations: first, sexual harassment between superiors and subordinates in administrative organs, enterprises and institutions, employers and employees or colleagues; Second, employees are harassed by customers when they work in the unit; Third, sexual harassment between strangers in public places, such as buses. The first and second situations can be called workplace harassment, and the latter can be called public workplace harassment.

4. Sexual harassment targets both women and men; Including opposite sex and same sex.

Sexual harassment of men by women has never been recorded in China, but it has occurred from time to time in recent years. Therefore, we should learn from the development trend of the concept of sexual harassment abroad to make it more forward-looking and bring the above situation into the research category of sexual harassment. So as to make the legal regulation of sexual harassment in China as broad as possible in the future and avoid omissions.

Legal basis:

Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; 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.

The filing standard of harassment crime 2 1. Writing threatening letters or threatening the personal safety of others by other means; 2 publicly insulting others or fabricating facts to slander others; Three, fabricating facts and falsely accusing others, in an attempt to make others subject to criminal investigation or public security management punishment; 4. Threatening, insulting, beating or retaliating against witnesses and their close relatives; Five, repeatedly send obscene, insulting, threatening or other information, interfere with the normal life of others; 6. Peep, sneak shot, eavesdrop or spread others' privacy.

With the progress of national science and technology, network and communication technology are also developing at a high speed in today's society. Everyone will use communication means in life, so there will be criminals who use the internet and communication to harass citizens. What is the filing standard for the crime of telephone harassment? If criminals repeatedly harass others by telephone or other means, which constitutes interference with others' lives, they may be detained.

First, the criteria for filing the crime of telephone harassment.

Article 42 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, he shall be detained for more than 5 days 10 days, and may also be fined up to 500 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.

Second, telephone harassment.

In some western countries, telephone harassment has become one of social hazards. Some lawless people make random calls. If the harassed person who answers the phone is a lady or wife, they will swear and flirt with bad words. What's more, some gangsters call home, and if it is confirmed that only the elderly, children or women are at home, they may commit crimes.

In order to deal with telephone harassment, some telephones adopt the way of "number exposure". Although we don't know who the caller was at that time, we can show the phone number he used. Some phones have taken the measures of "noise punishment". When they hear obscene words coming, they can press the noise button on the phone and retaliate against the troublemakers with strong noise. In addition, you can also use methods such as "tone change", "one phone with two codes" and "screening incoming calls".

There are no clear laws and regulations to stop telephone and SMS harassment in China, but the harassed person can pursue the civil liability of the harasser according to the relevant laws of the Civil Code. First of all, it is certain that telephone harassment has violated the personality rights of others. According to the relevant laws of our country, personality right is a civil right enjoyed by civil subjects according to law.

In general, face-to-face abuse is the most common violation of others' personality rights, but some people insult others by writing letters. After entering the information age, harassing others by making phone calls and sending short messages has become one of the ways to violate others' personality. Because of frequent telephone harassment, you can bring a civil lawsuit to the court, sue the other party for violating his personal rights, and ask the other party to stop the infringement and compensate for the losses.

In addition, if you sue, you must have evidence. Because of telephone harassment, the party directly faces only one phone number. The parties can prove that it is the other party's number, but they can't prove that it was done by the other party. In this case, in order to prove that the infringement is committed by the other party, it is necessary to adopt special methods such as recording and notarization.

The above is all the information I have compiled for you. In the above, I also answered the criteria for filing the crime of telephone harassment, because in contemporary society, harassment cases emerge one after another. If you are harassed on the phone or on the Internet, you should first keep all kinds of evidence and report it to the relevant departments in time. Everyone should learn to protect their rights and interests by legal means.

Criteria for filing the crime of harassment III. What is the filing standard of harassment crime?

According to China's Public Security Administration Punishment Law, if someone harasses others and affects their normal life, the victim can call the police and the public security organ will file an investigation.

Second, what is the standard for filing the crime of telephone harassment?

Telephone harassment generally does not constitute a criminal offence, but it can be punished according to the provisions of the Public Security Administration Punishment Law.

Three. Relevant laws and regulations

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 not less than five days but not more than ten days, and may also be fined not more than 500 yuan.