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The friend replied to me. He said yes.
Based on these analyses alone, it is possible that a man may constitute a crime of insult.
According to article 246 of the Criminal Law, a case shall be filed if it is suspected of publicly insulting others by violence or other means, and the circumstances are serious. The crime of insult is a circumstantial offense, and the perpetrator must achieve the act of openly insulting others"The circumstances are serious"to the extent that a crime is constituted and a case is to be filed and investigated.
Serious circumstances mainly refer to the following situations: the means are heinous; Where the insulting conduct causes serious consequences, such as the victim commits suicide due to humiliation, or suffers from mental disorder due to insults; Repeatedly committing insulting acts, etc.
It should be analyzed on a case-by-case basis.
If the standards for filing a criminal case are not met, punishment shall be given in accordance with the relevant provisions of the "Public Security Administration Punishment Law".
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Since it's an insult to the other party! That's definitely responsible! Personally, I think!! Take care of the medical expenses! It's better to be private!!
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Moral blame, but not criminal liability.
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Being maliciously abused by others, and then committing suicide by oneself, others will not be held criminally responsible.
Others may bear the legal responsibility for certain civil compensation in accordance with the law.
He is a person with full civil capacity, and he is also responsible for his suicide.
Insulting others would constitute an offence of insult. He shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. However, it should be noted that the infringement of the other party's right to reputation generally constitutes civil tort liability.
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1. Does insulting another person and causing the other party to commit suicide constitute a crime The person who insulted another person did not directly kill someone, so it cannot be found to be an intentional homicide. However, the verbal abuse of the scolders and the malicious humiliation of them in public constitute the crime of insult. In normal circumstances, where the perpetrator has previously committed a serious illegal act, and the result results in the victim's death by suicide, the result of causing the death by suicide may be considered as a serious circumstance.
Therefore, the abusive person cannot be punished as the crime of intentional homicide, and only when the crime of insult is found to be constituted, it will be used as a sentencing circumstance and given a heavier punishment. According to Article 246 of the Criminal Law of the People's Republic of China, if the circumstances are serious, they may face fixed-term imprisonment of up to three years, criminal detention, public surveillance or deprivation of political rights. It should be noted that the crime of insult is generally handled only after the complaint, that is, the case is prosecuted in the court.
However, there is an exception for those that seriously endanger social order and national interests. 2. What is the difference between the crime of insult and the crime of insulting others? How to determine the civil tort of insult and the crime of insult is as follows:
1) The severity of the behavior is different. To constitute the crime of insult, it must be an act of "aggravating circumstances"; Insults in civil tort are limited to insults that "cause a certain impact". (2) The object of the act is different.
The object of the crime of insult can only be a natural person; The object of the tortious insult may be a legal person. The Civil Code stipulates that civil subjects in China enjoy the right to reputation, and it is forbidden to damage the reputation of citizens and legal persons by means of insult and slander. (3) The requirements for the subjective fault of the actor are different.
The perpetrator of the crime of insult must be subjectively directly intentional: while the perpetrator of the tort of civil insult must be subjectively intentional and negligent. That is to say, as long as the person who is at fault in civil tortfeasance and objectively creates damage to the personality and reputation of others, he should bear the legal responsibility for reputation infringement.
Where, because of the abusive conduct of others, causing the victim to commit suicide due to mental pressure, the abusive person did not commit homicide at this time, so it cannot be directly found to constitute the crime of intentional homicide just because the result of the harm to the deceased person eventually occurred, but at this time, it may be determined that the crime of insult is constituted based on the circumstances, and the harmful result of the victim's death may also be used as a sentencing circumstance, and the perpetrator may actually be punished heavily.
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It's normal to have occasional verbal altercations between people, but if you insult others in a public place with all kinds of unpleasant rudeness, fabricate facts to slander others. If the insulted person feels that he has been humiliated and has committed suicide after causing a lot of trauma in his heart, how can the abusive behavior be determined? If a person who insults someone does not directly kill someone, it cannot be found to be intentional homicide.
However, the verbal abuse of the swearers, and the malicious humiliation of them in public, constitute an insult. In general, if the perpetrator has previously committed a serious violation that caused the victim to commit suicide, the result of the suicide can be considered a serious circumstance. Therefore, the person who insults cannot be punished as the crime of intentional homicide, and only when it is determined that the crime of insult is constituted, it will be used as a sentencing circumstance and given a heavier punishment.
According to article 246 of the Criminal Law of the People's Republic of China, where the circumstances are serious, they may face up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. It is important to note that the crime of insult is usually told the case to be dealt with, that is, to be prosecuted in court. However, it is not where it seriously endangers social order and national interests.
Article 232 of the Criminal Law: Whoever commits intentional homicide and intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment. Article 246:Where the crime of insult is to publicly insult others or fabricate facts to slander others by violence or other means, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights is to be given. The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests.
Where the victim complains to the people's court about the conduct provided for in the first paragraph through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.
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The act of causing the other party to commit suicide should be a crime.
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It is a crime, and it is punishable by punishment and reparation, and the woe comes from the mouth.
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Publicly insulting others with violence or other means.
Seize the opportunity to speak on stage. Exercise your language organization skills offstage, actively exercise your short sentences and speech speed in life, and don't be afraid of failure.
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I don't think it's appropriate to do that, because after all, there's a lot of consideration to do it in public.
The rain is particularly sudden, the kind of storm that will go down, and then everyone is hiding at the school gate in a big place to avoid the rain, a girl, holding an umbrella and pestle, the umbrella is not closed or oblique, the rain is all along the umbrella and drenched the surrounding classmates, I am also one of the victims, and said "classmates, your umbrella can be tilted to the side to drench others", the girl said with a "righteous face", I am like this. Then the umbrella began to move deliberately to my side, and I just hehe, if it weren't for my sister holding the Teacher's Day cake in her hand, I would have really smashed her face with this violent temper.