July 24,
Topic #Scammers use Zhao Lusi's old photos to deceive#
on the hot search list,
aroused heated discussions among netizens.
recently
Some netizens met by chance on the street
A begging uncle,
He actually used actor Zhao Lusi
Photos from the school days,
Falsely claiming to be a daughter with leukemia,
In order to win the sympathy and donations of passers-by.
Recently
Scammers use old photos of celebrities to deceive the incident
Occur.
April 2019
A scammer makes use of photo editing software
After modifying the photo of actor Yang Zi,
Attract single men on social media,
Within two years,
A man was defrauded of a total of 1.6 million yuan.
May 2016
Photo of TFBOYS member Yi Yang Qianxi
has also been used by scammers,
Falsely claiming to be a "son with uremia"
In order to deceive passers-by.
so
Scammers beg on the street with old photos of celebrities,
What constitutes a violation?
What are the legal liabilities?
What rights of celebrities are violated?
How should celebrities protect their legitimate rights and interests?
encountering similar street begging behavior,
What can the public do to prevent being scammed?
Let's take a look at the professional interpretation brought by Ma Lihong, a member of the lawyer expert database of "Rule of Law Daily" and a senior partner of Beijing Deheheng Law Firm!
1. What illegal act does a scammer constitute by using old photos of celebrities to pretend to be a "daughter with leukemia" and "son with uremia" to beg on the street? What are the legal liabilities?
Ma Lihong: According to Article 41 of the "People's Republic of China Public Security Administration Punishment Law", anyone who coerces, entices or takes advantage of others to beg shall be detained for not less than 10 days but not more than 15 days, and may also be fined up to 1,000 yuan. Those who repeatedly pester, forcibly beg, or beg in other ways that harass others are to be detained for up to 5 days or given a warning. If the aforementioned circumstances are constituted, it is a violation of the Public Security Administration Punishment Law and shall be punished. A beggar who uses old photos of celebrities to fabricate facts to beg may constitute the crime of fraud.
According to Article 266 of the Criminal Law of the People's Republic of China, if the act of fraudulently obtaining a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession constitutes the crime of fraud. The starting point for the crime of fraud is the deception of public or private property of up to 3,000 yuan, so if the amount of fraud committed by a street beggar is large, he can be investigated for criminal liability.
2. What rights are violated by old photos of celebrities being used to beg on the street? How should celebrities protect their legitimate rights and interests?
Ma Lihong: According to Article 1019 of the Civil Code of the People's Republic of China, no organization or individual may infringe upon the portrait rights of others by scandalizing, defacering, or using information technology to forge them. Without the consent of the portrait rights holder, the portrait of the portrait rights holder must not be produced, used, or disclosed, except as otherwise provided by law. Without the consent of the portrait rights holder, the portrait rights holder must not use or disclose the portrait of the portrait rights holder by means such as publication, reproduction, distribution, rental, or exhibition. The use of celebrity photos by beggars for profit has constituted an infringement of the celebrity's portrait rights. Celebrities can protect their legitimate rights and interests through means such as calling the police and filing civil lawsuits.
3. What should the public do to prevent being deceived when encountering similar street begging behaviors?
Ma Lihong: In the face of street begging, it is necessary to carry out the necessary screening. If something similar happens and cannot be determined, the beggar can be persuaded to go to the aid station to receive help; If you encounter a fake beggar who is obviously cheating on the street, you can call the police on 110, and the public security organ will verify and deal with it. In addition, according to Article 262-1 of the Criminal Law of the People's Republic of China, the act of organizing disabled persons or minors under the age of 14 to beg by violent or coercive means constitutes the crime of organizing disabled persons and children to beg. If people find that people with disabilities or children are engaged in routine begging, they can report to the public security organs, and exercise public power through the judicial department to crack down on and deal with illegal and criminal acts. In short, when encountering street beggars, do not make donations lightly, so as to prevent some people who are lazy and ill-intentioned to use love, kindness and compassion to obtain ill-gotten gains.
Author|Zhu Chanchan
Source: Rule of Law Daily