Theory and practice of punishment for insulting a person

Modern Russian law interprets insulting a person as humiliating dignity and honor in indecent form.

insult
Not so long ago, an insult could not only pay a fine, but also go to jail for two years. Now this crime has received a different legal assessment.

Since 2011, insulting has ceased to be a criminal offense. The 130th article of the Criminal Code of Russia has lost force after the publication of Federal Law No. 420. Then legislators supplemented the fifth chapter of the Code of Administrative Violations with Article 5.61.

Now citizens are responsible for insulting a person, only paying a fine of up to 3 thousand rubles. If the offense is inflicted by an official, then the fine may amount to 10-30 thousand rubles. An insult to a legal entity can cost 50-100 thousand rubles.

If a citizen was insulted during a public speech, in the media or during a demonstration of a work, then the offender will have to pay up to 5 thousand rubles. An insult inflicted by an official may result in a fine of 30-50 thousand rubles. An organization (legal entity) may be required to pay up to 500 thousand.

personal offense

When measures are not taken to ensure that there is no insult in a work that is publicly displayed, a legal entity can be fined 30-50 thousand rubles. The court has the right to demand 10-30 thousand rubles from an official.

If a citizen considers that punishment for insulting a person is necessary, he can appeal to the court. How to draw up this document will be explained in a legal consultation. A complaint is filed with a justice of the peace or with a court of residence.

A written request to initiate proceedings will be accepted if there is evidence that an insult has occurred. This fact can be confirmed by the testimony of witnesses whose first names, surnames and addresses are indicated in the document. If the insult is inflicted in a public work, you must have his record.

An evidence that there was an insult to the person can be an audio recording. Such evidence should not be presented on digital media, but on magnetic tape (voice recorder). The recording is for self-defense purposes and should not be hidden. A citizen should get a voice recorder and warn the offender about the beginning of fixing the insult. In order to attach the tape to the case, you must write a statement.

responsibility for insulting a person
3 days after the filing of the complaint, a decision must be made on accepting it for production. As soon as this happens, in the trial the offender will receive the status of a private prosecutor, and the offender will become the accused.

After the complaint is accepted for proceedings, the accused will be summoned to court within seven days. If he does not appear, a copy of the complaint will be sent to him by mail. This dispatch will also describe the possibilities of reconciliation.

When the accused arrives to meet with the judge, he will listen to him and ask who else can be invited as witnesses.

personal offense
Any judge considering an insult to an individual first offers reconciliation. If the prosecutor and the accused agree, then they will write the corresponding statements and there will be no trial. At the same time, it is important to take into account that the re-initiation of proceedings on this complaint will not happen.

If no reconciliation occurs, a hearing will be scheduled. The first hearing should be held no later than fourteen days from the date the complaint is filed with the court.

Source: https://habr.com/ru/post/E26909/


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