It is not considered an insult to curse someone without naming them. The crime of insult objectively uses violence or other methods to blatantly damage the reputation of others. Subjectively, it can only be intentional, that is, the perpetrator knows that his insulting behavior will cause harmful results that damage the reputation of others, and hopes or allows this result to happen.
The criminal methods of the crime of insult are as follows:
1. Violence to insult the person. The violence mentioned here only refers to the means of insult. For example, throwing feces at people, painting people with ink, forcibly cutting their hair, forcing others to perform degrading actions, etc., but not violence that refers to beatings or harming physical health. If the perpetrator has the intention and behavior to harm the physical health of others, he should be punished as a crime of injury;
2. Use verbal insults, that is, use vicious and mean language to ridicule and insult the victim in public. Making a fool of oneself and being unbearable, such as verbally spreading the victim's life privacy, physical defects, etc.;
3. Insulting through words, that is, using big-character posters, small-character posters, pictures, cartoons, letters, books, periodicals, or other public words, etc. Disclosure of other people's privacy, defamation of other people's character, and destruction of other people's reputation.
If someone is insulted, which constitutes the crime of insult, you can file a private prosecution in court. The process is as follows:
1. Submit the following materials to the People's Court: (1) A copy of the private prosecution, And provide copies according to the number of defendants (signatures required); (2) A copy of the private prosecutor’s ID card or passport, and a copy of the return certificate for Hong Kong and Macao compatriots; (3) Relevant evidence of the private prosecutor’s injury or report materials from the public security agency and forensic identification; (4) For the third category of private prosecution cases, documentation proving that the public security or procuratorate will not pursue criminal liability against the defendant, as well as documentation proving that the person or property has been violated, should be submitted. Among them, the private prosecution should state the following contents: (1) The name, gender, age, ethnicity, place of birth, education level, occupation, work unit, address, and contact information of the private prosecutor (prosecutor on behalf of the plaintiff) and the defendant; (2) ) The time, place, means, circumstances and harmful consequences of the crime committed by the defendant; (3) Specific litigation claims; (4) The people's court to which the complaint was sent and the time when the complaint was filed; (5) The name and source of the evidence, etc.; ( 7) Witness’s name, address, contact information, etc.
2. Within three days from the date of accepting a private prosecution case, the people's court shall inform the private prosecutor and his legal agent, and the parties to the incidental civil litigation and their legal agent that they have the right to entrust an agent ad litem. 3. After the People’s Court examines private prosecution cases, it shall handle them according to the following circumstances: (1) Cases with clear criminal facts and sufficient evidence shall be tried in court; (2) Private prosecution cases lacking criminal evidence, if the private prosecutor cannot submit supplementary evidence The evidence should convince the private prosecutor to withdraw the private prosecution or make a ruling to dismiss it. If a private prosecutor refuses to appear in court without justifiable reasons after being summoned twice in accordance with the law, or leaves the court midway without permission from the court, the case will be deemed to have been withdrawn.
I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.
Legal basis:
Article 246 of the Criminal Law of the People's Republic of China
Insult, defamation, violence or other means Anyone who openly insults others 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 for those that seriously endanger social order and national interests. If the victim commits an act specified in paragraph 1 through an information network and reports it to the People's Court, but it is really difficult to provide evidence, the People's Court may request the public security organs to provide assistance.