Law enforcement agencies in any country are necessary to maintain order and ensure the safety of ordinary civilians. Their activities are regulated and protected at the legislative level. The law on the police spelled out the rules and standards of conduct for law enforcement officials. They must clearly follow the instructions; if they are violated, they may be liable by the authorities and the law. But, in turn, citizens must observe certain norms and rules of behavior.
An insult to the honor and dignity of a policeman
Citizens do not have the right to publicly or personally insult a representative of the law enforcement system, as well as to humiliate his honor, dignity, resist and cause physical harm to them. If a policeman is in the exercise of his duties, then it is necessary to react peacefully to his actions and not have actions that could harm the police officer or other citizens, since these actions may qualify as an insult to the police officer during execution (Article 319), for which criminal responsibility.
Misconduct Article
The Criminal Code of the Russian Federation provides for punishment for unlawful actions against a representative of the defense of order, it can be either a fine or criminal liability. Moreover, the second option can be expressed up to life imprisonment. It all depends on how grievous the damage was to the law enforcement officer. As for the first option, the fine will have to pay from 2.5 to 10 thousand Russian rubles. Again, it all depends on the circumstances and gravity of the crime.
In accordance with the Criminal Code of the Russian Federation, punishment is imposed according to article 317, 318 or 319. These are the main articles for violation of the order and unlawful actions against a police representative. The articles provide for punishment for attempting or causing harm to the health or life of a policeman, for violent actions against a victim or insulting a police officer during execution, article 318 refers to cases when no harm was done to health. The case will be considered in court, and at the same time all circumstances will be taken into account in which this illegal act was committed.
If a police officer or other human rights system is in the process of fulfilling his duties, then it is best to obey and perform the actions that he performs legally.
Article 318 of the Criminal Code
If there was an insult to a police officer during execution, an article for this is provided for in Article 318 of the Criminal Code, most likely, the punishment will be expressed in the form of a fine. Its maximum size can be 200 thousand rubles. This is a rather large amount, a fine may also be assigned depending on the level of wages of the offender. It will be necessary to pay from 12 to 18 monthly salaries of the offender. If he refuses to do this, the court may restrict his freedom for a period of 3 to 6 months.
In case of illegal actions of citizens who are qualified as an insult to a police officer during execution (Article 318 of the Criminal Code of the Russian Federation), the health and life of the police officer must not be inflicted. Only under such conditions can you get off with just a fine. In opposite cases, the offender will be deprived of liberty for a period to be established by the court.
What could be extenuating circumstances?
When considering a case of insulting a police officer in court, the court will take into account all the circumstances in which the incident occurred. Therefore, if you are confident that you are right, then you need to make sure that there are as many testimonies as possible, which could refute or justify the committed actions for which punishment is provided.
If you have committed an insult to an employee during execution, article 318 of the Criminal Code provides for penalties for this . It is also worth mentioning that there are some situations where punishments can be avoided or somewhat mitigated in view of circumstances that may qualify the court as mitigating.
Principal circumstances mitigating guilt
Extenuating circumstances:
- An offender is held accountable for the first time.
- If his actions were committed in response to the wrong actions of the employee - he did not introduce himself and so on.
- Some acts may qualify as excess self-defense.
- There is also an option that will help to completely avoid liability - this is reconciliation with the injured party. If it is possible to agree with the victim, then the criminal case may be closed by agreement of the parties.
The police exist to ensure that citizens are safe and not afraid for their lives and the lives of loved ones. But at the same time, one should not forget that in order to fulfill their duties they need to be provided with normal working conditions.