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Harassment and abuse by text messages
Legal analysis
Citizens' right of reputation is protected by law, and it is not allowed to insult others illegally, so it is illegal to insult others. It should be noted that illegality and crime are not the same legal concept. Illegality is not necessarily a crime, but a crime must be illegal. Therefore, the consequences of insulting others are illegal and criminal, and need to be determined according to the seriousness of the circumstances. Abuse of others does not necessarily constitute a crime, but it must violate the law and may be investigated for civil liability. It is suggested to defend rights rationally and act calmly. Writing threatening letters or threatening the personal safety of others by other means; Publicly insulting others or fabricating facts to slander others; Fabricating facts, falsely accusing and framing others in an attempt to subject others to criminal investigation or public security administration punishment; Threatening, insulting, beating or retaliating against witnesses and their close relatives; Sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others; Peep, take photos, eavesdrop or spread others' privacy. If the circumstances of insulting others are serious, it is illegal, and it may also constitute the crime of insult and libel. At this time, the sentence will be imposed, usually after causing serious influence on others.
legal ground
Article 246 of the Criminal Law of People's Republic of China (PRC) publicly insults others or fabricates facts to slander others by violence or other means, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph, except those that seriously endanger social order and national interests, can only be dealt with by telling. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.
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