Excuse me, a person photographed another person's criminal behavior with a camera in the mall. Is this a violation of the right to portrait?

According to China's General Principles of Civil Law, as long as these three requirements are met, civil liability that constitutes infringement of portrait rights can be identified:

1. Damage has occurred. For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, mainly reflected in the fact that the possibility of the portrait owner obtaining property benefits from his portrait is reduced, including direct losses and indirect losses, including mental damage and material damage.

2. The infringer is subjectively at fault (including intention and negligence). That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that there is a fault.

3. There is a causal relationship between the damage facts and the tort. This causal relationship must be an inherent, essential and inevitable connection between the photographer's behavior and the damage result.

The crime of taking photos of others with a camera in a shopping mall does not meet the three requirements and does not belong to infringement of portrait rights.