19 of the Criminal Code of the Russian Federation is an article that is designed to protect all representatives of the government from any insults and claims from citizens. What does this mean, and how does the law work in such cases? This should be discussed in more detail.
Disrespect for the state
The law does not tolerate offensive attitude or other negative manifestations in relation to the individual. In each such case, he defends the rights of the victim and punishes the offender. But what if a representative of the government finds himself in a similar situation? Here the situation is a little different. These people, in the exercise of their official duties, protect state power, which is called upon to maintain order in society. Every day they fight crime to ensure a normal life for all citizens. Therefore, any encroachment in their direction undermines not only the authority of the authorities, but also the order in the country as a whole. 319 of the Criminal Code - an article that aims to exclude such facts as much as possible.
Its purpose is to punish the perpetrators of unlawful acts. After all, the one who insults the representative of the government, by his actions, in fact, shows dissatisfaction with the order. This not only interferes with normal work, but also discredits the power itself in the eyes of society. 319 of the Criminal Code is a kind of shield against such actions. When people cease to respect legitimate authority, chaos sets in. The state is becoming unstable and vulnerable. And unrest and permissiveness have never been beneficial to society. That is why the article under the number 319 of the Criminal Code of the Russian Federation is located in chapter 32, which is devoted to crimes directed against the management order.
Criminal incontinence
Usually people insult each other in a fit of passion or other emotions. In this state, it is difficult to restrain oneself.
For example, you can consider a specific situation. Suppose that the bailiff, in the exercise of his duties, came to the address in order to make an inventory of property by court order . The displeased master of the house cursed him with abusive words, not embarrassed in expressions. How to be a servant of the law in such a situation? Here Article 319 of the Criminal Code comes to the rescue. The bailiff should not engage in verbal fights or use physical force. After all, he is in the service and has no right to behave in this way. How can a representative of the law protect himself? He just needs to write a statement to the prosecutor’s office, in which all the circumstances are set forth in detail. There, the paper will be examined, and upon confirmation of the indicated facts, the violator will be held accountable under Article 319 of the Criminal Code of the Russian Federation. In addition, the bailiff can facilitate the investigation if he takes statements from those present as evidence. By this, he, firstly, ascertains the fact that he was in this place on official need. Secondly, the information of citizens will only confirm his words.
Fair retaliation
What does article 319 of the Criminal Code of the Russian Federation threaten unrestrained lovers of insults? Given the severity of the misconduct, the law provided for the appropriate punishment.
In the event that the fact of public insulting to any of the representatives of the authorities is recorded, the person who committed this may be:
- fined between 40,000 rubles and three months of earnings from all known sources;
- sent for compulsory work, the term of which can be up to 360 hours;
- forced to perform forced labor, the duration of which can reach 12 months.
Depending on the severity of the insult, the court has the opportunity to make a decision, both up and down. Everything is decided by circumstances. Sometimes such situations end with the reconciliation of the parties. If a citizen realizes guilt and publicly apologizes in person, then there is a chance that he will be forgiven and avoid severe punishment. But this does not always happen. Sometimes negative actions go so far beyond all permissible boundaries that a simple apology can no longer solve the matter.
Correct reading
What is remarkable about article number 319 of the Criminal Code of the Russian Federation? Commentary on it helps to understand and clarify the very essence, which is difficult to parse in one sentence.
To begin with, it should be noted that the object of the crime is directly a representative of the government. Any offensive act against him is socially dangerous, as it leads to discrediting the entire structure of government. The words of such a person, in fact, indicate dissatisfaction with the authorities, which is completely unacceptable for a respectable citizen who honors the foundations and laws of society. By his actions, he calls not to trust state power, inflicting insults to the person who represents her. The main feature of such an offense is that negative statements are made publicly. In a situation where insults become the property of third parties, they offend the dignity and honor of the servant of the law as an employee of the relevant authorities. In addition, intent is present in such an act. This indicates the reasonableness of the perfect act and the maliciousness of the offender. In such cases, the law will always be on the side of the victim.