Insult is a violation of the right of every person, regardless of gender, age, race or any other criterion. This is always an unpleasant situation, which causes a lot of unpleasant sensations in the offended person, ridicule from society, and can also lead to mental disorders and neuroses. Interestingly, an insult to the personality is an article of the Criminal Code of the Russian Federation or the Code of Administrative Offenses? What is this illegal act and what is the responsibility for it?
All answers are below.
Insulting a person - article of the Criminal Code of the Russian Federation
Does the Russian legislator consider this act so socially dangerous that it establishes criminal liability for it ? The answer is no. Although it can be noted that a couple of years ago everything was different. Previously, the punishment for this violation of law was established by the Criminal Code. An insult to the person was enshrined in article 130 of the Criminal Code. Currently, it is recognized as invalid and is no longer valid. “Insulting a person” - an article of the Criminal Code of the Russian Federation, which consisted of two parts. The first was general in relation to the following norm. The second included a qualifying attribute - the publicity of the insult. Why did the legislator decide that this unlawful act became less socially dangerous? Some legal scholars believe that “Insulting the Personality”, article of the Criminal Code of the Russian Federation under number 130 was excluded from the law due to the fact that a policy of humanization is currently being carried out.
That is why there was a massive decriminalization of crimes, as a rule, of minor gravity.
Insulting a person - article of the Code of Administrative Offenses of the Russian Federation
Currently, the responsibility for this illegal act is established precisely in the framework of administrative law. In 2011, amendments and additions to the Code of Administrative Offenses of the Russian Federation were adopted. A separate article was introduced for insulting a person. 2013 was not the starting point for the adoption of the next changes, and to this day the adopted norm has remained in its original condition. In the legal sense, insult is understood to mean the humiliation of a person, his honor and dignity, which is always expressed in indecent form, for example, through slapping, swearing, obscene gestures. The fault of the offender is always intentional. After all, he is well aware of what he is doing, and, moreover, he wants to perform such actions. The subject of this offense must necessarily be sane, as well as having reached the age of administrative responsibility, namely - 16 years. A qualifying sign of insult, the publicity of humiliation, has also been established. Part 3 of Article 5.61 also points to a diametrically different norm.
It establishes liability for allowing the insult to be inflicted publicly, namely in the media or any other work on display.
Responsibility
We have already established that the person who committed such an offense is liable under administrative law. That is, he does not face a criminal record. The Code of Administrative Offenses establishes a fine for the offense in the form of a fine, the amount of which is ranked.