Penalties for public insult to a person

The concept of insult in legal language is quite narrow. What we call this word in everyday life, from the point of view of a lawyer, more often falls under the category of slander. An insult is an obscene expression uttered intentionally and directed at a specific addressee. On social networks, popular talk shows, and public transport, one often encounters public insults. If every such case was dealt with in court, then all the other criminals would remain quietly walking free.

When you have been publicly insulted, this may become the basis for compensation for moral damages. And perhaps even materially, if it damaged business reputation. The likelihood of receiving such compensation will increase significantly if you contact an experienced civil litigation lawyer for advice or defense.

Responsibility and punishment for public insult

If a person has received a public insult, then the type of legal liability today is not criminal, but administrative in nature. The exception is when an insult is caused to a government official, in which case it will be regulated by criminal law. This is worth remembering.

The current article of administrative legislation explains public insult to a person as a deliberate act (in addition, there may be several of them), the purpose of which is to belittle the honor and dignity of an individual citizen in the presence of other citizens, while the form of such an act is unfair and indecent.

Penalties for individuals can amount to up to three thousand rubles, for legal entities - up to one hundred thousand rubles.

How to bring to justice for threats via SMS or phone

If an SMS or call is received once, you can ignore it. The main thing is not to engage in conversation and not to provide any information about yourself.

If the threats are repeated, you should report what is happening to the police - only law enforcement agencies have the right to hold people accountable in Russia.

You should prepare for the appeal:

1. If the attacker prefers to call, you should record the next call on a voice recorder, if via SMS, print out the entire message history;
2. You can try to enter into a dialogue with the criminal and find out some information about him: age, region of residence, occupation. This should be done carefully, not head-on. If you are not sure that you are able to maintain composure in such a conversation and not piss off the attacker, it is better not to do this. If it works, great, any information will help the police identify and punish the criminal, thereby protecting the victim;
3. Prepare a statement to the police. The statement is drawn up in free form, it should set out in detail all the circumstances: when the calls or SMS began, how often they occur, what their content is, if threats are voiced, what is the estimated probability of their implementation. It is necessary to indicate all the information the victim has about the criminal: telephone number, if they call or write from different numbers - all of them, information that was learned during conversations, signs that were identified, for example, speech defects. If the criminal makes any demands, show them too. A recording of the conversation or a printout of the SMS must be attached to the application;
4. Submit a report to the police department. In addition to the application itself, you must have with you a second copy or a copy on which the employee who accepted the application must mark receipt.

When an insult is recognized publicly

A public insult to an individual is an insult that is directed specifically at him and aims to belittle and insult the honor and dignity of this individual. At the same time, it is worth understanding the term “public” well, because not every insult can be recognized as public. Public insult has the following characteristics:

• actions are performed in the presence of other people (at least one person who is not a victim of insult) who are not government officials (the latter cannot act as a witness, as this reduces the authority representative’s credibility in the eyes of the public. In addition, , in case of insulting another government representative, such testimony may be considered unreliable);
• insults are demonstrative in nature and are delivered to a large circle of people, the exact number of which is not certain or pre-planned.

If the listed conditions are met, then such an insult is recognized as public, if the necessary evidence is provided, and it can be addressed to the prosecutor's office with the subsequent resolution of the case in court.

What qualifies as a threat?

As already mentioned, not every threat can be criminally punishable, therefore, to determine the corpus delicti, the following must be precisely established:

• The fact of intentions to use the threat. This implies the presence in the hands of an object that can inflict physical beatings or wounds - an ax, a knife or a hunting rifle.
• If the criminal did not say about taking the life of the victim, but as a result of his actions there could be serious damage to mental health.

The methodology for determining the degree of severity was developed and approved by the Ministry of Health and Social Development; it defines a number of criteria by which this criminal activity can be classified:

• The main criterion will be the recognition of the presence of a real danger to the life and health of the victim, or the consequences of such a threat, which influenced mental depression.
• In addition to this factor, there is a list of injuries that will be indirect evidence of threats - the presence of wounds with cold steel or firearms, penetration into vital organs, or broken limbs, which only aggravates the assessment of the crime committed.
• In the event of the loss of one of the organs, coupled with threats, the courts classify it as a special serious crime; in this case, a more severe punishment is applied based on the totality of the offense.

An unambiguous conclusion can be made that oral statements addressed to the victim with threats and causing damage to health or her life will be charged as a crime and assessed according to the degree of severity in accordance with Art. 119 of the Criminal Code of the Russian Federation.

If the goal of the criminal was to seize property or rape with the use of intimidation, then this fact will act as an aggravating circumstance, and the criminal will be punished based on the totality of the crime.

Where to go if you are insulted in public in a public place?

If there was a public insult, then the person who committed such an action can be brought to administrative or criminal liability (depending on what category of citizen was insulted). To do this you will need:

1. Write an appropriate statement in which you describe in detail the fact of the insult.
2. Submit it to the prosecutor's office.
3. Attach reliable evidence to the application (for example, provide video from a camera, attach correspondence on a social network where an insult from another person was recorded, involve eyewitnesses of the incident, and so on).

Such a case will be initiated by the prosecutor's office and considered in court. At the same time, it is important to provide reliable information and not distort the facts of what happened, otherwise some of the charges may go to the defendant as a person who perjures himself.

With the support of a professional specialist in the field of jurisprudence, it is possible to recover from the guilty person not only a fine and legal costs, but also additional compensation of a moral nature. If such was suffered by the victim due to the insults received.

When contacting the prosecutor's office, it is worth distinguishing between public insult and what is recognized as petty hooliganism. The second is also regulated by the administrative code, but under a different article. Petty hooliganism also violates the order in society, demonstrating disrespect for it, but is not an act that is aimed at insulting the honor and dignity of one individual person. Petty hooliganism is widespread, in which disrespect and insult are shown to the entire society.

The obscenity of the form of insult will be assessed by the court

Each person is touchy in his own way: some see only constructiveness in any negativity, others use the credo: “Everything that doesn’t kill us makes us stronger. If I wanted to kill, I would kill.” The other one is ready to cry from the same disdainful look.

Therefore, in practice, not every offender is brought to administrative responsibility:

“The presence of humiliation of honor and dignity, its degree (depth) is assessed by the victim himself, while the obscenity of the form of the statement is assessed by the court”

Decision of the Supreme Court of the Altai Republic dated November 30, 2017 No. 21-81/2017

This means that you are not the only one who should be offended by the insult. First the prosecutor and then the court must agree with you. With the new edition of Article 5.61 of the Code of Administrative Offenses of the Russian Federation, this will be easier to do.

Public insult to government officials

Since January of this year, public insult of a government official who is performing his duties is regulated by the criminal code and fines are imposed for committing such an insult. The following penalties may be imposed as punishment for committing such an act:

• a fine for all categories of persons, the amount of the fine can reach 40 thousand rubles or correspond to the salary/other income of the guilty person for 3 months;
• compulsory work, the duration of which can reach 300 hours;
• correctional work, the duration of which can be equal to one year.

It is worth understanding that public insult includes a police officer and employees of other government agencies. Moreover, such employees include both representatives of local authorities and foreign representatives.

Offended on the Internet

If the insults were distributed on the Internet, then the fine is higher—up to 10,000 rubles for citizens. Therefore, my attitude towards the authors of the wording could be qualified under Part 2 of Art. 5.61 Code of Administrative Offenses:

Part 2 of Article 5.61 of the Code of Administrative Offenses of the Russian Federation. Effective January 15, 2021

The same part also punishes righteous anger addressed to several persons, not even specific ones.

For example, a review on the website: “Only d...s work in this taxi” can cost up to 10,000 rubles. Or during class, the teacher will go over the poor students and truants, without even naming names.

And the salaries of warrant officers are not enough to educate their personnel // Still from the film “The Best Film”

The truth is I don’t understand: who will write a statement about insult? Most likely, any person who considers himself to be a member of any group of people. Let's see.

Worth knowing more

In the age of information technology, many will have a fair question about whether it can be considered that there will be an article for publicly insulting a person on the Internet? In general, actions that aim to humiliate and insult the honor and dignity of a citizen via the Internet also fall under the articles given above. But there are no separate references specifically to the World Wide Web. Considering the practice of the courts, we can say that public insult on the Internet is recognized only when the insult is inflicted on a citizen through the official media (for example, a well-known news portal).

In other cases (for example, if someone posted information on their vk wall) an article for publicly insulting a person on social media. networks does not work, since the publicity of the actions taken has not been proven. But now there is an opportunity to have any insult certified by a notary. In such cases, if you have an active position, it may be possible to prove that even a message on the vk wall falls under the above articles.

It is worth remembering that as of this year there is no longer criminal liability for publicly insulting ordinary citizens; this is regulated by the administrative code. But criminal liability may arise for publicly insulting an official who is performing his duties.

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What should be the behavior when threatened?

If a person becomes a victim of threats, then it is necessary to have information on how to respond correctly in such a situation:

1. You should not provoke the offender into creating a situation. You need to try to smooth out a conflict situation, especially when a person threatens death.
2. It is always worth seeking support from random passers-by or neighbors - they are not only able to protect against threats, but act as an eyewitness.
3. It is worth taking care of every evidence of the attack, and it is also advisable to record telephone conversations.
4. Quickly contact the police station, where they can write a statement and provide the necessary protection in a situation of significant danger to life.
5. Threats to the life and health of children.

Often conflicts also arise within the family. Incidents of domestic violence against a small child are especially dangerous. Physical inequality makes them quite vulnerable, and the inability to act independently further reduces the chances of a positive outcome.

You need to know that violence against children is severely punished.

What to do if you are insulted

If it was not possible to resolve the conflict peacefully, and the culprit has not realized his mistake, contact law enforcement officers to protect your rights.

Every person, if he has been insulted in an indecent manner, has the opportunity to contact the police about this fact.

Attention! Law enforcement officers prepare all materials upon request for the formation of an admin. affairs. To do this, evidence is collected and eyewitnesses of the situation are interviewed. When the materials to bring a person to justice are ready, they are submitted to the court.

In court, upon consideration of the collected materials, those who like to insult other citizens will face an unexpected result - they will be fined.

It is imperative to collect all evidence to confirm the insults. It will be much easier to defend your rightness this way.

Is an insult not an insult?

One person will not even pay attention to open swearing, while another will take a stern remark addressed to him as an insult. If the offender in his statement reasonably points out the wrongness and mistakes of the opponent. That is, he makes a remark, expresses disagreement with a point of view, dissatisfaction with behavior, without using obscene expressions, then we can assume that he is just expressing his opinion.

Directly insulting a person will be the use of obscene, abusive, abusive words and expressions against an opponent. And the purpose of their use is to humiliate a person, mock him, and cause him mental pain and suffering.

For example, two options for a boss expressing dissatisfaction with the work performed by his subordinate: Option 1 . Vasily Ivanovich, your report is no good. I don’t know where you got the data from... Apparently, you got it from the Moon. Let's respect each other's work. I ask you to redo the report, but use real numbers! Option 2 . Vasily Ivanovich, I’m already tired of telling you that you are lazy and mediocrity! Your report is no good! I don't understand why I still employ such an idiot!

The first option, although expressed in a rather emotional form, can hardly be called an insult. More like a rude remark. But the second one, in which outright curses that humiliate an employee can be considered an insult.

How to prove a crime

The article is incriminated only if there are sufficient grounds to believe that the culprit could actually realize his intention, and the victim had reason to fear such actions.

Please note! Whether the threat was real is determined based on the presence of the following actions:

• threatened with the use of a certain object, whose characteristics allowed it to be adapted and used as a weapon;
• there were hostile relations between the two sides, they were at enmity;
• the presence of a specific form of expression of the threat with its corresponding content;
• constant persecution of the victim (one of his family members);
• providing victims with data that allows them to speak about the presence in the actions of the culprit of characteristic signs of a criminal offense.

The presence of eyewitnesses who could testify in favor of the victim is also extremely important. This fact significantly simplifies the procedure for proving the fact of threats.

Whether there were witnesses or not, it is still necessary to collect various documents that could negatively characterize the criminal and indirectly confirm his ability to carry out such actions that threaten the safety of individual citizens.

This refers to characteristics of the place where a person lives, studies or works, etc. A weighty argument in favor of the victim is the presence of certain bad habits in the attacker.

The court’s opinion boils down to the fact that the culprit’s systematic abuse of alcoholic beverages and his use of drugs indicate a person’s dysfunction and negatively characterize him. This in some way contributes to making decisions in favor of the victim.

Undoubtedly, video or audio recording of threats made or actions of the perpetrator aimed at intimidation will be important evidence.

Article for insulting a person on social networks and on the Internet.

Where to write a statement of libel, read here.

How to compensate for moral damage, read the link: