Most citizens of our country are well aware of the existence of an article in Russian law providing for punishment for insulting honor and dignity.
Is it a criminal code or administrative? What is generally embedded in the concept of insult? What could be the prerequisites for writing a statement to the police? Well, the topic is interesting, and therefore it is now worthwhile to give short answers to the most common questions regarding it.
Administrative Code, Art. 5.61
This article was introduced on December 7, 2011 by Federal Law N 420. It concerns insults of honor and dignity.
It says that obscene expressions addressed to someone may entail the imposition of an administrative fine, which ranges from 1,000 to 3,000 rubles. If a person is offended by a legal entity, then the minimum amount will increase to 50,000 rubles, and the maximum - up to 100,000. For people holding a significant position, the fine will be from 10,000 to 30,000 rubles.
If the insult and humiliation of honor and dignity had a public manifestation (public speech, publication in the media, etc.), then the punishment will be serious. For citizens, the fine will increase to 3,000 and 5,000 rubles, respectively, for officials - up to 30,000 and 50,000, and for legal entities - up to 100,000 and 500,000 rubles.
But that is not all. If measures are not taken to prevent humiliation of a person in his public manifestation, then a fine will also be issued. For officials, it will be from 10,000 to 30,000 rubles. For legal entities, from 30,000 to 50,000 rubles.
Criminal Code of the Russian Federation, Art. 130
There is one nuance that should be noted by attention, discussing a given topic. Previously, everything previously listed was presented in an article of the Criminal Code of the Russian Federation. An insult to honor and dignity was a criminal offense until 2018.
But then he was “retrained” into administrative. And Art. 130 of the Criminal Code, respectively, has lost its force.
Previously, the punishments were as follows:
- A fine of up to 40,000 rubles. or the convict’s salary for a certain period of time (maximum 3 months).
- Mandatory work lasting up to 120 hours.
- Correctional work. Maximum - 6 months.
- Restriction of freedom. The maximum term is 1 year.
This was discussed in the first part of the article of the Criminal Code. An insult to honor and dignity, however, could be punished in another way. If it was expressed in a publicly displayed work or in a speech, then the measures applied were as follows:
- Fine up to 80,000 rubles. or salary for the period up to six months.
- Mandatory work up to 180 hours.
- Correctional labor lasting up to 1 year.
- Restriction of liberty for up to 2 years.
However, since 2018, the article is not valid. She was decriminalized in 2011. So for almost 8 years, insulting honor and dignity is not a criminal offense.
Where to go?
Since we are talking about responsibility for insulting honor and dignity, it is also necessary to answer this question. For legal protection, a citizen has the right to apply to:
- Court.
- The prosecutor’s office.
- Police station.
The choice of authority depends on the following factors:
- The nature of the relationship between the conflicting parties.
- Existing evidence of what happened.
- The stage at which the trial is located.
The second aspect is the most important. After all, the incident must be proved, otherwise the charges will be unfounded. And some, even on the ground of grievances, will decide to tell a person, which, however, is already a slander and a false testimony (the story of how the victim allegedly becomes a criminal). Therefore, how to prove the incident, you need to tell separately.
Evidence
Before you write a statement about an insult to honor and dignity, you need to take care of them. Until 2012, it was necessary to bring two witnesses to the incident. Now the procedure has been simplified. In a bad sense of the word for the accused.
The evidence is considered photographs, audio recordings and videos of what happened. The habit of turning on the camera at every opportunity, which is inherent in many people, is quite capable of helping a person protect his rights.
If he himself did not have time to shoot anything, you can ask others. It is also recommended that you contact random witnesses so that they can confirm what happened to the police. In the event that the situation occurred in a public place, one must inquire whether the conflict fell into the field of view of the surveillance cameras.
You can try to get evidence differently. For example, start a conversation with the offender yourself and say that the last time he behaved insultingly (it is desirable to quote him), and then ask him to apologize. It is highly probable that in return the negative will give an even more rude answer - and this can become evidence of his guilt.
Application
This process should be described in more detail. An application for insulting honor and dignity is filed with the police on the fact of indecent and unlawful behavior against the victim. A maximum of 10 days should elapse after the incident.
How to draw up a document? The victim must be consulted at the police station. You can go there almost immediately. Citizens are accepted either by a local employee or by a duty officer. Then from the words of the victim write down what happened and all the details regarding the situation. Man will only have to sign the paper.
It is advisable to contact the site that is attached to the address where the perpetrator lives. If a person suffered from the unknown, then most likely they will have to put up with the insult, since they will not be put on the wanted list. However, in any case, you need to have a passport with you and provide the most detailed known information about the offender.
How to avoid punishment?
It happens that a person is not out of evil, rashly uttered stupid things. And then he finds out that an application has been filed against him. What to do? The answer to this question depends on how guilty he and the applicant are.
There are the following options:
- File a counterclaim and collect evidence proving the applicant’s guilt.
- Apologize to the applicant, try to reconcile in order to close the case.
- Sincerely repent of their deeds, not trying to argue, and pay a fine.
The second option is the most favorable. How to make peace with an insulted citizen? There are such options:
- The offender must explain to the offended person that he can take certain measures and prove his guilt - after all, they both participated in the conflict. Then offer peace.
- To apologize for the behavior, offer moral compensation.
By the way, if you announce your intentions to be reconciled to the proper person to whom the offender filed an application, you can get his help and mediation.
Bringing to court
And such cases are not uncommon. Some particularly susceptible and principled citizens bring the case of insulting their honor and dignity to court. But there are many nuances.
Direct filing in court in such situations is not possible unless there is a series of compelling evidence. If available, a person can do this, but only after a pre-trial investigation and the refusal of the police to draw up documents in court.
The lawsuit must be filed at the place of residence of the perpetrator. That is, you must contact the district court. This means that the offended is required to have information relating to the defendant. He should know his F.I.O. and the address of registration at least.
An application to the court is made in a certain form, without fail referring to legislative forms. That is, you will need to contact an experienced specialist. Or find a sample of the current statement at the time of 2019 on the Web, download it and redo it, indicating your data.
But this approach is not particularly effective. It is important to explain the fact of insult in exactly the way it was in the case of a particular person. After all, usually such statements are filed with a claim for the collection of compensation laid down for moral, and sometimes material damage.
In what cases can the victim claim it? If, due to the actions of the person who insulted him, he could not:
- To go to work.
- Close any deal.
- To carry out other habitual actions (i.e. a person has fallen out of communications).
The amount of the claim must be indicated immediately in the application.
Criminal Code of the Russian Federation, Art. 297
Since this is a crime of a moral nature, it is worth paying attention to this article. It does not speak about an insult to honor and dignity, but about contempt of court. And article 297 of the Criminal Code is just criminal.
If a person showed disrespect for the court, which was manifested in an insult, then it can entail one of the following punishments:
- Fine up to 80,000 rubles. Another option is salary for the period up to six months.
- Arrest for up to 4 months.
- Mandatory work lasting up to 480 hours.
If a person committed the same act, directly offending a judge, one of the jurors or another person participating in the establishment of justice, the punishments will be different:
- Fine up to 200,000 rubles. or salary for a period of up to one and a half years.
- Mandatory work for up to 480 hours.
- Correctional labor (maximum - 2 years).
- Six months arrest.
The penalties are toughened, since the object of criminal encroachment in these cases is the honor and dignity of those who advocate justice.
Criminal Code of the Russian Federation, Art. 319
Continuing to study the topic of insulting the honor and dignity of a person, it is necessary to tell about the responsibility foreseen for obscenity, sent to the address of the representative of the government who is being executed. This is precisely what is stated in article 319 of the Criminal Code of the Russian Federation.
A person may be fined up to 40,000 rubles. Or he will pay such an amount of money that is commensurate with his salary for 3 months. Another punishment is compulsory labor (up to 360 hours) or corrective labor (up to 1 year).
Criminal Code of the Russian Federation, Art. 336
The last article on insulting the honor and dignity of the individual. It speaks of the responsibility that one soldier must incur, insulting another during the performance of his duties (or in connection with the same).
The penalties are as follows:
- The limitation on military service, which can be up to six months.
- Sending for 6 months to a disciplinary military unit.
If a subordinate insulted his military commander or vice versa, then the punishments will be the same, only the terms will increase to 1 year, respectively.