Many citizens know what an insult is from their own life circumstances. Disagreements, conflicts between people arise in various forms. Emotional statements of the offender indicating substantiated errors, remarks to his opponent, criticism of his behavior without swearing obscene words are considered the opposite opinion. When committing an unlawful act, where there was an insult, humiliation of the dignity of an individual, providing the victims with evidence, the offender awaits punishment.
General concepts
What is an insult to a person in legal interpretation? These are deliberate actions that humiliate his honor with unacceptable statements, obscene gestures. The division into types of unpleasant utterances occurs conditionally, often they are indicated by actual civil relations, rather than legislative acts.
Until 2012, issues with insult to citizens were regulated by Article 130 of the Criminal Code of the Russian Federation. Legislators abolished it, now, if there is a complaint about humiliation, the misconduct is classified as an offense, it was transferred from the category of crimes.
Types of illegal behavior in society
In various situations, the following insults were noticed:
- Fighting at employees of power structures, if they have administrative powers. Violators are punished with fines, correctional labor.
- Scandals near or inside churches directed against religions, religious feelings. This is a concomitant sign of a criminal act, expressed in disrespect for faith and publicity.
- Squabbles at meetings against individual members of the collective at production, budget enterprises.
- Minors. To remove children from objects of insults, it is necessary to change the educational methods of parents and teachers.
- In the media, online chats, social networks.
It is easy to offend a person in private in a personal conversation, during telephone conversations, as well as at a meeting of management personnel, obscenely making a review about the mental development of a colleague. The trial does not consider the veracity of the complaint, the judge perceives the problem as psychological violence.
In a special category, slander falls:
- public to unauthorized persons;
- aimed to humiliate a person, change his opinion about him in society.
If false information is disseminated in relation to a specific person, such actions are called slander.
When an insult is defined, what does such a concept identify? Mockery of the facts on the way of life, an unfavorable assessment of abilities, criticism of the citizen’s appearance, legal experts take the distinguishing features between the two phenomena in civil society as a basis.
What constitutes a criminal offense?
In connection with the exclusion of Article 130 from the Criminal Code of the Russian Federation, which dealt with the protection of ordinary citizens, article 319 provides for liability for unlawful actions that offend officials while they are fulfilling their duties. This legal act regulates the protection of the honor and dignity of military personnel if there is a conflict between them during the service, regardless of ranks and subordination.
The concept of insult in criminal law is used in exceptional cases and depends on the place of work of the victim.
When he performs his duties:
- as a representative of authority;
- serves in law enforcement agencies;
- is a military man.
The offender is liable for misconduct under the Criminal Code of the Russian Federation if public abuse is committed.
What is involved in administrative punishment?
The insult under Article 5.61 of the Code of Administrative Offenses provides for deliberate misconduct that publicly degrades human dignity. Prove the presence of illegal factors according to the criteria on the basis of which the offender was held accountable:
- recognition of guilt by the violator in unlawful acts with reasonable motivation;
- dangerous public actions were carried out, where the honor of citizens was humiliated;
- violations in a special form.
Public humiliation is expressed in the provision of information discrediting a person for general viewing.
What are some cases of infringement of dignity?
For the insult in the social. networks article 282 of the Criminal Code indicates a large fine.
Achieve a deserved punishment on reasonable grounds, proven misconduct about the crimes committed.
For example:
- actions aimed at provoking hostility and hatred in society were carried out.
- performed sexually;
- racial;
- national;
- religious humiliation.
People who are behaving inappropriately towards others are attracted to administrative punishment:
- speaking at meetings, working meetings with information discrediting the reputation;
- placing information in newspapers, transmitting data to television programs;
- showing photos in open access on Internet portals.
Personal life is protected by law, despite the fact that some criteria are derived from criminal law, those responsible are still held accountable.
Is justice possible?
Reaching a trial to punish a remote abuser is difficult. Not all users have their own names, registration takes place under pseudonyms and avatars.
There will be no testimony, no one knows who sent the humiliating remark to the victim. Generalized statements that do not arrive at the exact address are not regarded as an insult to a particular person.
It is another matter if the victim is sure who has exposed his photographs from his personal album in nude, can prove and bring to justice the offender.
How to prove an insult to the person?
Every citizen living in the territory of the Russian Federation is protected by law from public insults. When applying to the legislature, allegations are not accepted. When obvious offenses occur, you need to file an application with the Ministry of Internal Affairs or the prosecutor.
Documentary evidence shall be attached to the application:
- written testimony;
- recordings from technical video devices;
- copies of received messages from the offender;
- published personality-compromising materials.
It is necessary to prove that such an insult was in a magistrate's court. It is easier to provide facts about the humiliation brought about by people, as in this case there are witnesses. If the accused party proves guilty, he will receive compensation for moral damage. The offender will pay a fine and reimburse legal fees.
Why have you tightened responsibility?
For insulting the feelings of believers , article 148 of the Criminal Code of the Russian Federation has been adjusted. The new edition indicates that punishments are provided for obstructing rites in religious churches, public desecration, expressed by disrespect for various faiths.
Crimes are considered:
- illegal actions in society during sermons;
- intentional violations during the baptism of the baby;
- desire to insult religions.
The history of jurisprudence can reveal a large list of criminal acts committed by a person near the building where parishioners come to or inside to pray. The state is obliged to protect the peace of all residents of the country, to take measures when citizens complain.
When submitting a claim, the injured party transfers evidence that the misconduct was committed with the purpose of sacrilege, thereby humiliating the faithful and achieving a result. No law defines what the emotions of a religious person are, how much they are attached to faith, but their feelings must be respected. It is forbidden to speak improperly in the temple, to show aggressive behavior.
Law and equality among religions
Russia takes precedence over other states with its multinationality. According to the Constitution, there is no obligatory religion in the Russian Federation; existing religious organizations operate separately from state structures and have equality at the legislative level.
When one of the faiths is singled out, the rights of other religions will be violated. A person himself determines religion, does not violate the law if he is atheistically inclined. The historical folk heritage speaks of respect for all religious associations in the country, where Orthodoxy has a special role. This does not mean that in our state there are communities with a status and an abusive attitude is allowed. Law enforcement officers must protect Islam, Buddhism along with Orthodox Christianity.