There is an article in domestic criminal law establishing sanctions for contempt of court - Art. 297 of the Criminal Code. The norm contains two elements of a crime. Let's consider them in the article.
Art. 297 h. 1 of the Criminal Code
During the trial, some individuals may behave incorrectly. Any such behavior is considered contempt of court. If it is expressed in an insult to the participants in the process, the subject may be threatened:
- Fine up to 80 thousand p. or making up the amount of income for six months.
- Mandatory work, the duration of which is not more than 480 hours.
- Arrest for 4 months.
Part 2, Art. 297 of the Criminal Code
In this part of the norm, the punishment is toughened. If the subject insults a judge, a jury or other participant in the administration of justice, he is threatened with:
- Fine up to 200 t. or component income for 1.5 years.
- Mandatory work lasting no more than 480 hours.
- Up to six months of arrest.
- Mandatory work up to 24 months.
Comments
The authority of the court is the main object of the crime. This body is considered an instance that guarantees fair, objective and independent resolution of legal issues. Disrespect for him can negatively affect the implementation of justice, create difficulties for the study of evidence. In addition, the incorrect behavior of production participants deprives the process of an educational role. The derogation of the authority of the court does not in the least contribute to the proper perception of the adopted acts. In Art. 297 of the Criminal Code of the Russian Federation establishes liability for two types of unlawful behavior - insulting a person authorized to consider the case, or participants in the proceedings. In the second case, dignity and honor of citizens are additional objects.
Insult
The definition of this concept is present in article 130. When applying Art. 297 of the Criminal Code, insult should be interpreted in accordance with the provisions of this norm, given that the mandatory requirement for qualifying an act is the presence of indecent statements or behavioral acts. As part of the second article. 297 of the Criminal Code, the specifics of the assault is determined by the circle of victims.
Explanations
Analyzing the content of article 1 of the Federal Law on the Judicial System, we can conclude that as victims under Part 2 of Art. 297 may be an official of any branch of all parts of the system, as well as arbitration assessors. The subjects in respect of which the assault is committed in accordance with the first part are the parties to the proceedings, performing procedural tasks in the central stage of the proceedings. However, they do not directly administer justice.
Grounds
The specificity of the act, the punishment for which fixes Art. 297 of the Criminal Code, lies in the fact that the insult is a manifestation of neglect towards the court and officials. The presence of the composition can only be said in the case when the violation harms the order in the meeting, indicates disrespect for the proceedings and has a motivational connection with the proceedings. For example, a lawyer who calls the presiding judge a criminal may be found guilty.
Nuances
If there is a motivational link to insulting persons who are direct participants in the administration of justice (judge, jury, etc.), the qualification will not matter the time, place of the act. Another approach is used when the parties to the process are the victims. If the insults took place outside the meeting, even within the courthouse, then they do not form a composition.
Subjective part
The acts provided for by Article 297 of the Criminal Code, in the form of guilt are recognized as perfect with direct intent. The subject understands that it encroaches on the dignity and honor of the participant in the process, realizes that the approach he uses to communicate with a person in society is incorrect, and insulting statements or actions are a manifestation of disregard for the holder of power and the functions he exercises. At the same time, the citizen wishes to commit illegal behavioral acts. Any sane person who has reached the age of 16 years old can be held liable. face. If the judge allowed himself to make offensive statements, then his behavior is qualified under Article 286, since it indicates a clear violation of the limits of authority granted to him. The acts provided for by the commented norm are considered minor crimes.