How to fight back against abuse? Can I claim moral compensation for abuse?

In the past few years, there have been frequent cases of indiscriminate complaints. Some people arbitrarily file lawsuits without evidence, and some people know that they are not in line with the facts, but they forcefully file lawsuits. One may also be wronged in vain . Although everyone has the right to sue, don't think that there will be no consequences for casually suing. Let us see how the parties who have been abused can protect their rights and interests !

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What to do if you are falsely accused? What are the elements of a false accusation?

The crime of false accusation must be "deliberately fabricated and false", with the intention of subjecting the other party to " criminal " punishment, so report the case to a judge, prosecutor or police...etc. It doesn't count if it's just because of "misunderstanding or suspicion." Therefore, if you want to file a false accusation, how to prove that the other party deliberately fabricated facts out of thin air, without the possibility of misunderstanding or reasonable doubt, will be an important key. Therefore, it is very important to meet the three conditions of "proving that it was intentionally fabricated, criminal case, and accepted by the prosecutor and police" .

When encountering the problem of making false accusations in a criminal case, if the prosecution thinks that the suspect is insufficient, it will be punished by non-prosecution, which usually does not cause much trouble to the defendant, and there is no need to appear in court.

False accusation: According to Article 169 of the Criminal Law, "A person who makes a false accusation to the public servant with the intent to receive criminal or disciplinary punishment shall be sentenced to fixed-term imprisonment of not more than seven years. Forgery, alteration of evidence, or use of forgery, with intent to receive criminal or disciplinary punishment. , the evidence of alteration, the same is true.”

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What can I sue other than false accusation? Can sue for defamation based on damage to reputation!

In addition to the crime of false accusation, the other party's false accusation may also involve criminal defamation , not limited to civil or criminal indiscriminate actions, and the standard of determination is not the same as false accusation, so even if false accusation fails, defamation still exists Opportunity established, punishable by up to one year in prison.

Article 310 of the Criminal Law: A person who, with the intent to spread to the public, accuses or narrates something that is enough to damage the reputation of another person shall be charged with the crime of defamation and shall be sentenced to fixed-term imprisonment of not more than one year, short-term imprisonment, or a fine of not more than 15,000 yuan.

Whoever commits the crime in the preceding paragraph by distributing words and pictures shall be sentenced to fixed-term imprisonment of not more than two years, short-term imprisonment, or a fine of not more than 30,000 yuan.

Those who can prove the truth of what they slander will not be punished. However, this does not apply to those involved in private morality and not related to public interests.

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How can the accused seek compensation? Can claim civil damages!

Being accused indiscriminately is not only irritating, but if the defendant's story is spread out, or even shared on the Internet, many people may believe it as the truth, causing damage to the reputation of the reputation. In such a situation, according to Articles 184 and 195 of the Civil Law, the reputation of the right of personality has been violated , and the other party can request compensation for mental damage . And ask to reply to the appropriate punishment of the reputation, such as publishing an apology in a newspaper or an online announcement.

Article 184 of the Civil Code: 1. A person who unlawfully infringes on the rights of others due to intentional or negligence shall be liable for damages. The same applies to those who intentionally cause harm to others in a way that is contrary to good customs. 2. Those who violate the law to protect others and cause damage to others shall be liable for compensation. However, it is not limited to those who can prove that their actions are not at fault.

Article 195 of the Civil Code: For those who unlawfully infringe upon another's body, health, reputation, freedom, credit, privacy, chastity, or unlawfully infringe upon the legal interests of other personalities and the circumstances are serious, the victim may request compensation for a considerable amount even though the damage is not a property. Those whose reputation has been infringed may also request appropriate punishment to restore their reputation.

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The above is the relevant information about false accusation and abuse. If you like our article, you are welcome to share it! If you have any related questions, please click the button below for free legal consultation immediately.