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How to deal with threatening short messages correctly?
Threatening means threatening others by harming their rights or public interests, making them feel fear and panic. No matter whether they are violent or not, even if they only verbally threaten the victim, they threaten death or harm the rights of the parties or their families, companies and property. But it doesn't mean that as long as there is any act of intimidating others, it will inevitably constitute the crime of provoking trouble. Only threatening others for many times, causing adverse social impact; Threaten others with a murder weapon; Intimidating special groups, causing adverse social impact; Causing serious consequences such as mental disorder and suicide of others; If the circumstances seriously affect the work, life, production and operation of others, it will be considered as the crime of stirring up trouble. The crime of stirring up trouble refers to the act of creating troubles in public places, causing serious disorder in public places, chasing, intercepting, insulting and intimidating others, extorting or arbitrarily damaging or occupying public and private property, undermining social order, and the circumstances are serious. Where an actor commits acts such as beating, insulting, threatening others or damaging or encroaching on others' property due to disputes over marriage, family, neighborhood or debt, it is generally not recognized as "stirring up trouble", but after being criticized and stopped by the relevant departments or punished, he continues to carry out frontier acts, except for disturbing social order.
legal ground
Article 26 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan: (1) gathering people to fight; (2) Chasing or intercepting others; (three) extortion or arbitrary damage, embezzlement of public or private property; (4) Other provocative acts. Article 293 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance for any of the following acts: (1) beating others at will, if 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. Article 293- 1 In any of the following circumstances, it is the collection of illegal debts such as high-interest loans. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined: (1) using violence or coercion; (2) restricting the personal freedom of others or intruding into others' houses; (3) Threatening, stalking or harassing others.
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