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What is the crime of deliberately insulting others?

Question 1: What is the legal crime of insulting others? What sentence can be imposed? You scolded him too.

Not breaking the law. If it causes you to feel bad or your neighbors will look down on you. Go to court and sue him. But the money won’t necessarily be awarded.

Question 2: What crimes can be filed against someone who is maliciously insulted? Open classification of defamation crime: Law, crime, defamation, tort 1. Concept and composition Defamation crime (Article 246 of the Criminal Law) refers to the deliberate fabrication and dissemination of fictitious facts that are enough to demean the personality of others and destroy the reputation of others, and the circumstances are serious. . 1. Object elements: The object of this crime is the same as the crime of insult, which is the personal dignity and reputation rights of others. The object of criminal infringement is natural persons. 2. Objective elements: The objective aspect of this crime is that the perpetrator fabricates and spreads some fictitious facts, which is enough to detract from the personality and reputation of others, and the circumstances are serious. (1) There must be an act of fabricating certain facts, that is, the content that slanders others is completely fictitious. If what is spread is not fabricated out of thin air, but objectively existing facts, even if it damages the personality and reputation of others, it does not constitute this crime. (2) There must be an act of spreading fabricated facts. The so-called dissemination means public diffusion in society. There are basically two ways of dissemination: one is verbal dissemination; the other is text dissemination, that is, the use of large-character posters, small-character posters, pictures, newspapers, books, letters, etc. The so-called "sufficiently derogatory" refers to the fabrication and dissemination of false facts that may completely disparage the personality and reputation of others, or in fact have caused actual damage to the victim's personality and reputation. If the dissemination of false facts is not likely to damage the personality or reputation of others, or does not damage the personality or reputation of others, it does not constitute defamation. (3) Defamation must be directed at a specific person, but it does not have to be named. As long as the victim is known from the content of the defamation, the crime of defamation can be constituted. If the facts spread by the perpetrator have no specific target and are unlikely to disparage someone's personality or reputation, they cannot be punished as defamation. (4) The act of fabricating facts to slander others must be serious to constitute this crime. Although there is fabrication of facts to slander others, but the circumstances are not serious enough, this crime cannot be punished. The so-called serious circumstances mainly refer to situations where the facts are repeatedly fabricated to slander others; the fabrication of facts causes serious damage to the personality and reputation of others; the fabrication of facts to slander others has a negative impact; the slander of others causes mental disorders or causes the victim to commit suicide, etc. 3. Subject requirements: The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to commit criminal responsibility can commit this crime. 4. Subjective elements: This crime must be subjectively intentional. The perpetrator knows that he is spreading false facts that can damage the reputation of others, knows that his behavior will have harmful results that damage the reputation of others, and hopes that such results will occur. The perpetrator's purpose is to damage the reputation of others. If the perpetrator mistook a false fact for a true fact and spread it, or spread a certain false fact without the purpose of damaging the reputation of others, it does not constitute defamation. 2. Determination 1. The boundary between this crime and public security violations and civil torts. The defamation behavior that constitutes the crime of defamation must be serious, while the defamation behavior that violates public security administrative regulations must be limited to those that are not criminally punishable. Civil reputation infringements are not only less illegal than defamation crimes and defamation violations of public security administrative regulations, but also have the following differences: (1) The facts spread by defamation must be fabricated and false. If what is spread is an objective fact, although it damages the personality and reputation of others, it does not constitute defamation. As for reputation infringement, even if the content described is true, as long as it is prohibited by law from publicity and publicity will damage the personality and reputation of others, it can also constitute reputation infringement. Even the more true the facts described, the more serious the infringement will be. For example, if someone exposes someone's privacy in order to damage their reputation, the more realistic the exposure, the more egregious the infringement will be. According to Article 140 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of (General Principles of the People's Republic of China and Civil Law) (Trial)", leaking and publicizing other people's privacy and causing adverse effects on other people's reputations is an infringement of the right to reputation. behavior does not constitute defamation. (2) Legal persons, groups, and organizations cannot be the targets of defamation crimes. In reputation infringement, legal persons, groups, and organizations can become victims.

For example: spreading false news about the poor quality of a certain factory's products, etc., with the purpose of destroying the other party through unfair competition. Even if this kind of behavior causes serious consequences, it can only constitute a crime of damaging business reputation and product reputation, but not a crime of defamation. (3) The requirements for subjective fault are different. The subjective aspect of criminal defamation must be direct intentionality; while the subjective fault of reputation infringement includes negligent behavior. In addition, even if there are false elements in well-intentioned reports, revelations, and criticisms, they should not be punished as defamation... >>

Question 3: If insulting others constitutes a crime, What kind of legal punishment? Incentives, civil compensation

Question 4: What are the legal provisions on intentional insults and insults to others? The crime of insult in law requires serious consequences before criminal liability can be pursued. Your problem occurs at school and you can ask your teacher for help. If the other party is a minor, oral education is generally the main method.

Question 5: What is the crime for intentionally beating or cursing someone? Beating someone causing serious injury is the crime of intentional injury. Those that constitute less than minor injuries cannot be convicted, and swearing does not constitute a crime.

Question 6: What kind of legal liability does one have to pay for insulting and beating others? Hello, are you talking about beating others and personal insults involving both situations?

Question 7: Is it illegal to insult others? 1. Article 246 Whoever openly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political rights. The crimes in the preceding paragraph will only be dealt with upon complaint, except those that seriously endanger social order and national interests.

Components:

aThe subject of this crime is a general subject.

b This crime is subjectively constituted intentionally, and its criminal purpose is to degrade the personality of others and destroy their reputation.

c The objective aspect of this crime is that the perpetrator uses violence or other methods to openly demean the personality of others and destroy the reputation of others, and the circumstances are serious.

There are many specific ways of insult, which are generally classified into the following two types: one is violent insult, that is, using forceful methods to harm the reputation and personality of others; the other is insult by other methods. Refers to various other methods of insult other than violent insult. There are mainly verbal insults, text insults and portrait insults. No matter what method of insult is used, it must be done "blatantly". "Public insult" here refers to insulting others in a way that can be seen or heard by a third party, regardless of whether the "other" being insulted is present at the time. It does not affect the constitution of this crime.

d. The object of this crime is a specific individual, which can be a single person or several people.

2. "Regulations of the People's Republic of China on Public Security Administration Punishments": Anyone who openly insults others, which is not enough for criminal punishment, shall be detained for not more than 15 days, fined not more than 200 yuan, or given a warning.

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Question 8: How to convict someone for insulting someone and causing their death? Knowing that the other person has a heart disease, the insult is likely to lead to the death of another person, and there is subjective malice to cause death, then the insulter may be guilty of intentional Homicide.

If the above situation does not constitute criminal liability, whether the insulter will bear civil liability mainly depends on whether the insulter is at fault. If the family of the deceased can prove that there is a causal relationship between the abusive behavior and the death, the insulter will need to bear civil liability such as compensation for medical expenses, funeral expenses, and spiritual comfort payments.

If it cannot be proven that there is a certain correlation between the two, considering that cursing someone to death is a special situation in life, and both parties are not at fault for the consequences of death, the court may require it based on the principle of fairness. The insulter bears certain civil liability for compensation, but the insulter does not need to compensate for mental losses in this case.

As for the size of the liability, it mainly depends on the degree of fault caused by the insult and the proportion of the insult to the cause of death. The court may determine the amount of compensation based on specific circumstances.

Question 9: The crime of intentional injury and minor injury and the crime of insulting the personality and reputation of others. 1. Specific analysis:

First of all, from the perspective of civil liability, our country’s law stipulates that citizens and legal persons are Citizens have the right to reputation, and their personal dignity is protected by law. It is prohibited to use insults, slander, etc. to damage the reputation of citizens or legal persons. Therefore, the other party's behavior will be suspected of infringing the right of reputation, and it can be claimed to bear civil tort liability.

Secondly, if the nature of the behavior is very serious, it will also violate the crime of insult stipulated in the criminal law.

2. Legal basis:

Article 101 of the General Principles of the Civil Code: Citizens and legal persons enjoy the right of reputation. The personal dignity of citizens is protected by law. It is prohibited to use insults or slander. Damage the reputation of citizens and legal persons in other ways.

Criminal Law Article 246: Crime of Insult and Defamation: Anyone who publicly insults others by violence or other methods or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, or deprivation of political power. right.

The crimes in the preceding paragraph will only be dealt with upon complaint, except for those that seriously endanger social order and national interests.

Question 10: What is the crime of insulting others? 10 points. Depending on the specific circumstances, it may constitute defamation or insult.

The crime of defamation (Article 246 of the Criminal Law) refers to the serious act of deliberately fabricating and disseminating fictitious facts that are sufficient to disparage the personality of others and destroy the reputation of others.

The crime of insult refers to the use of violence or other methods to openly demean the personality of others and destroy the reputation of others, and the circumstances are serious.

As for whether it constitutes slander or insult, it only depends on whether he fabricated facts and spread fictitious facts. Defamation must be the deliberate fabrication and dissemination of fictitious facts, whereas insult does not necessarily have to be.

It is important to note that destroying the reputation of others does not necessarily constitute a crime.

The characteristics of crime are that it violates criminal law, has serious social harm, and should be punished by criminal law.

If the circumstances are not serious, it will not constitute a crime, but a civil lawsuit can be filed for infringement of reputation rights.

In addition, defamation and insult crimes are private prosecution cases and will only be handled upon complaint, but you can request the prosecutorial office to investigate.

Moreover, you'd better take a screenshot to save the evidence. . .

Since it is insulting, it is definitely not a good word. In fact, if it is to constitute a crime or a civil violation, the key is whether it will have a bad impact on your life. . If the impact is bad and serious, it will constitute a crime.

I personally think that if he just scolds you in your space, you can delete the message, prohibit this person from accessing, and leave a message to him to tell him not to do it again. There is no need to If things get serious, it will do you no good to leave this kind of message in your space. If you are afraid that he will come again, you can take a screenshot and then delete it. After all, litigating a lawsuit is time-consuming, laborious, and expensive.

If this person has left messages in your space many times, and you have deleted the messages, banned access, and reminded him, but he still changes his vest many times and leaves malicious messages, you can Collect evidence and sue him.