Article 319 and Article 318 of the Criminal Code of the Russian Federation are devoted to insulting a police officer during execution, as well as unlawful actions involving the use of violence. Some individuals begin to behave inappropriately when communicating with law enforcement officers.
I have been working in the police for quite a long time and have often encountered people who do not know how to control themselves. However, according to current legislation, they should not go unpunished. In this article I will talk about what punishments face individuals who allow themselves to insult police officers, as well as what awaits them in the event of violence.
Composition and description of the crime
A person who was 16 years old at the time the crime was committed (the subject of the crime) is subject to liability. As a rule, obscene statements addressed to police officers are always made with direct intent, and the main motives are resentment, revenge, unwillingness to comply with the lawful demands of the police officer and the most common hooliganism. In most cases, people who behave rudely with the police are in a state of drug or alcohol intoxication; there are often situations when insulting law enforcement officers occurs by teenagers who are not aware of their insolence.
- The object of the crime is the authority of state authorities or local administration. An additional object is the honor and dignity of a government representative (in the described case, an employee of the internal affairs bodies).
- The objective side of the crime is humiliation of honor and dignity. In this case, a necessary sign of the objective side is the publicity of the crime.
- The corpus delicti is considered formal. The crime is completed at the moment the offender publicly utters offensive words, regardless of the consequences of the act.
What is an insult to a government official?
To understand what constitutes an insult to a government official, it is necessary to understand who a government representative is?
A representative of the government is a person who is an official of law enforcement, regulatory or other bodies. Such a person must be vested with administrative powers in relation to persons who are not in an official relationship with him.
Insulting a government official is a public humiliation of his honor and dignity, which is expressed in an indecent form. An insult can occur both during the performance of a person’s duties, and in connection with their performance.
Insult can be expressed in words, actions, in writing or in other forms.
In addition to a public insult to a government official, there can also be a non-public insult to a person. In this case, the honor and dignity of a person is also humiliated, but not publicly.
INTERESTING : read about the distinguishing features of slander from insult on our website of AB “Katsailidi and Partners” at the link
Punishment for insulting a police officer under article
Please note that the sanctions of Art. 319 of the Criminal Code of the Russian Federation can be applied only when an insult is caused while the victim is on duty, or they have a direct connection with his activities (for example, they relate to the conduct of operational activities in a criminal case).
When an insult occurs in conditions not related to work (outside of duty, on vacation or at home), then the actions of the perpetrator will be qualified under Article 130 of the Criminal Code of the Russian Federation or will fall under administrative liability under 5.61 of the Code of Administrative Offenses of the Russian Federation and can be considered in a civil manner.
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According to Article 319 of the Criminal Code, for insulting a police officer in a public place, while he is on duty, or in connection with the performance of his official duties, the guilty person may be assigned a significant fine (up to 40 thousand rubles), or from the salary for a period of up to 3 months, corrective labor for a period of up to 1 year, or compulsory work - up to 360 hours.
Summary
Insulting a military officer, internal affairs officer, judge or traffic police officer will result in punishment. Arrest, penalties and forced labor can be avoided only if the parties reconcile by mutual consent.
If you have been charged under any of the above articles, then in order to protect your interests, it is recommended to seek the help of an experienced lawyer. This will prevent the conflict from developing, and with the right strategy it will be possible to reach an agreement without litigation.
Latest questions on the topic: “What is the punishment for insulting a police officer while on duty?”
Liability for insulting a police officer
hello, a couple of days ago, while drunk, he insulted police officers, after that he was arrested and taken to the police department, held for 15 hours and released, they said there will be a trial in a couple of days, I would like to know what can await me?
Mikhail, Tatarstan now online
Hello, it is important to know whether a case will be initiated under Art. 319 of the Criminal Code of the Russian Federation or not. If so, during the investigation and court hearing, emphasize that the insults were not made to a specific person (persons) and that your insults were not aimed at humiliating the honor and dignity of government officials in the performance of their official duties or in connection with their performance, and you expressed them just like that, without addressing anyone, because you were, for example, under stress (for personal reasons) and you had no intention of publicly humiliating the honor and dignity of police officers. Say that, in this way, you just wanted to throw out all the negativity a little, you wanted a thrill, and you wanted to disrupt the social order and norms of behavior a little. You have the right to defend yourself in any way provided by law. In this case, there will be a chance Article 20.1. Code of Administrative Offenses of the Russian Federation “Petty hooliganism”. If a case of an administrative offense is opened, then “Say that, in this way, you just wanted to throw out all the negativity a little, you wanted a thrill, and you wanted to slightly disrupt public order and norms of behavior.” Best wishes.
Insulting a Police Officer
Under what articles can a person be prosecuted for harsh criticism and insults of police officers and military personnel committed publicly, on the Internet or using the media?
Vladimir, Krasnoyarsk now online
Article 319. Insulting a representative of government Public insult of a representative of government during the performance of his official duties or in connection with their performance is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for up to three hundred and sixty hours, or correctional labor for up to one year.
How to hold a police officer accountable for insult and assault?
My 14-year-old child was insulted and hit by an adult man (a local police investigator) on the playground.
A statement was filed with the police, but as usual they defend him and say that he is not guilty. What should we do next? Margo, Tatarstan is now online
Good afternoon. File a claim in court. Seek moral damages. Moral harm is understood as moral or physical suffering caused by actions (inaction) that encroach on intangible benefits belonging to a citizen from birth or by force of law (life, health, personal dignity, business reputation, privacy, personal and family secrets, etc. .), or violating his personal non-property rights (the right to use his name, the right of authorship and other non-property rights in accordance with the laws on the protection of rights to the results of intellectual activity) or violating the property rights of a citizen. Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue an active social life, loss of a job, the dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restriction or deprivation of any rights, physical pain associated with injury, other damage to health, or due to illness suffered as a result of moral suffering, etc.
What punishment will be given for repeatedly insulting a police officer?
Citizen Drobot expressed himself in a public place and insulted police lieutenant Rudnev, for which he was detained.
When a report was drawn up against him, it turned out that Drobota had already been brought to administrative responsibility for similar violations. What responsibility will citizen Drobot bear? Kirill, Ufa now online
Danil, hello! Code of Administrative Offenses of the Russian Federation, Article 20.1. Petty hooliganism 1. Petty hooliganism, that is, a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to other people's property, shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for up to fifteen days. 2. The same actions involving disobedience to the lawful demand of a government representative or other person performing duties to protect public order or suppress a violation of public order - shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred rubles or administrative arrest for a term of up to fifteen days. Article 319 of the Criminal Code of the Russian Federation. Insulting a representative of authority Print Share Public insult of a representative of authority during the performance of his official duties or in connection with their performance is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term up to three hundred and sixty hours, or correctional labor for up to one year. Thus, Drobot will be brought to administrative and criminal liability for the above charges. Sincerely!
A police officer insulted a citizen - will he be charged under 5.61 of the Code of Administrative Offences?
Good afternoon
During a telephone conversation with a traffic police officer - a police captain, I was insulted (there is an audio recording). He groundlessly insulted my honor and dignity and threatened me. S. uttered insulting phrases and threats against me (literal quote): “You stupid moron, that’s what you are. Fuck you, I get it. If they fire me from this job, I will come to you personally. You're deaf, you fucking bastard! (during the check at the Ministry of Internal Affairs, S. confirmed that it was he who spoke to me). Here is the answer that came from the Ministry of Internal Affairs (excerpt): “During the consideration of your complaint dated February 4, 2015, the fact of obscene statements addressed to you by C was reliably established. There were no grounds for conducting a phonoscopic examination of C’s voice, due to the fact that the latter confirms that it is his voice that sounds on the audio recording provided by you. To make a decision on bringing C to administrative responsibility for committing an administrative offense under Article 5.61 “Insult” and Article 20.1 “Petty Hooliganism” of the Code of Administrative Offenses of the Russian Federation, information was sent to the Prosecutor’s Office of the Leninsky Administrative District of Tyumen. Grounds for the dismissal of police captain C from service in the internal affairs bodies of the Russian Federation under clause 9 of part 3 of Article 82 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (for committing an offense discrediting the honor of a police officer of the Russian Federation) was not established within the framework of this inspection. For failure to comply with the requirements for polite and cultural treatment of citizens, expressed in the use of rude and inconsiderate statements addressed to you, D.A. Stremichev will be considered by the Commission of the Office of the Ministry of Internal Affairs of the Russian Federation for the Tyumen Region on official discipline and professional ethics.” At the same time, the law in Article 2.5 of the Code of Administrative Offenses of the Russian Federation states that under this article police officers do not bear administrative responsibility (I mean 5.61 of the Code of Administrative Offenses). The question arises: how then to attract a police officer? or will he get away with it all? Vasily, Chelyabinsk is now online
Good afternoon! On the merits of your question, I can inform and explain the following that these legal relations are regulated by the civil legislation of the Russian Federation, according to which you need to challenge the unlawful actions of an employee in the prosecutor’s office and in court. Recommendations: First. Submit a written application to the prosecutor's office at the territorial location of the police department where this employee serves, in which you report in detail in chronological order, linked by dates and times, the current situation and the actions of the official, then indicate the following - in connection with the above, I ask you: 1. Carry out prosecutorial supervision over the actions of this employee in relation to me, to give a legal assessment of these actions in accordance with the norms of the law. 2. Bring this official to the established responsibility, including the use of administrative measures. 3. Protect my rights, including in court. 4. Please inform me about the decision made in the manner prescribed by law. Second. Submit the same detailed application to the head of this employee and the main department of the Department of Internal Affairs for the region, in which you ask: 1. To conduct an investigation into this fact. 2. Bring this employee to the established responsibility, including of an administrative nature. Sincerely…
Insulting a traffic police officer
Any of the drivers of the vehicle, when stopped by the State Traffic Inspectorate, at least once, did not agree with their actions. Often, car enthusiasts do not skimp on emotions and do not try to restrain negative impulses. But it is better not to forget about the criminal liability that threatens for insulting traffic police officers while on duty. Therefore, if you do not agree with their actions, or they extort a bribe, it is better to report this by calling the traffic police service and not try to argue with representatives of the law.
IMPORTANT: Dissatisfaction expressed in a correct form, for example, with the words “You are an incompetent traffic police officer,” will not constitute an insult.
You need to realize that when communicating with police officers, you must behave correctly, calmly and avoid verbal attacks against them. Even if it seems that the actions of law enforcement officers against you are unlawful, you need to call the hotline of the Ministry of Internal Affairs and leave a complaint, you can contact the police officer directly, as well as the prosecutor’s office.
By the way, according to statistics, it is traffic police officers who most often encounter rude expressions addressed to them.
Conclusion
Punishment for insulting an employee during execution includes not only fines, but also enforcement work. Moreover, it is almost impossible to avoid responsibility. This is a serious offence. Do not forget that a police officer is not just a person, but also a representative of government. By insulting him, you undermine the entire institution of power in the eyes of the public.
It is understandable that sometimes emotions can get the better of you, especially if a police officer commits misconduct. But even in this case it is worth being correct. If a government official is wrong, you can hold him accountable in a civilized manner. But if you start insulting him, you automatically become guilty. Always remember this.
What may be mitigating and aggravating circumstances?
Cases of insulting a police officer during execution are considered taking into account mitigating circumstances, which may include the following:
- the violator has not previously been charged under Article 319 of the Criminal Code of the Russian Federation or other similar administrative offenses;
- the offender’s behavior was provoked by unqualified actions of a police officer;
- the insult happened after the policeman exceeded his official authority.
Please pay attention! A possible option to avoid punishment is to reconcile with the injured party. That is, you can ask for forgiveness from the policeman, and the criminal case will be closed by agreement of both parties.
Of course, in addition to mitigating factors, the court also takes into account aggravating circumstances. For example, uttering insults to a police officer while intoxicated or for the purpose of having fun may be considered such.
Is insulting a traffic cop a crime?
Very often, those involved in cases of insulting police officers are motorists who are faced with the not always adequate behavior of representatives of the state traffic police.
At the same time, you must always remember that insulting a traffic cop who stopped your car is also a crime for which criminal liability is provided. Whatever your indignation, we advise you not to give free rein to your emotions: a traffic cop is a full-fledged employee of the police (police agencies), and if you insult him, punishment will not be long in coming.
Of course, you can express your dissatisfaction or disagreement with the opinion of the traffic police representative, but this must be done without obscene language, incorrect comparisons or offensive gestures.
It would also be useful to remind you that you have the right not to sign the protocol and can conduct video filming (or audio recording): actions are more effective and do not entail criminal penalties.
Examples of situations falling under Article 319 of the Criminal Code of the Russian Federation
- Citizen V., while buying alcohol at a roadside store, quarreled with the seller, as he was under the influence of previously drunk alcohol. The seller called the police. Arriving police officers, in response to legal demands, heard obscene language addressed to them, and the offender attempted to attack one of the policemen. At the trial, CCTV cameras and witness testimony confirmed that the culprit had indeed publicly insulted law enforcement officers, and therefore a sentence was passed not only under Article 319, but also under Article 318 of the Criminal Code of the Russian Federation (assault on a police officer). As a result, he received a suspended sentence and a fine of 5,000 rubles.
- Citizen S., brought to the police department, committed four crimes at once over a period of several hours. Three of them are insulting police officers. One - when detained for petty theft, two - directly at the police department. Citizen S. not only expressed gross insults to the police officers performing their duties, but also attacked them with his fists, striking them in the face. For each of three crimes of the same type, the court imposed correctional labor for up to 8 months.
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Dmitry Leonov
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Lawyer for insulting government officials in Yekaterinburg
The lawyers of our Law Office “Katsailidi and Partners” are always ready to assist in protecting the interests of clients related to insulting government officials. Defense can serve not only the interests of lawbreakers, but also the victims of such crimes.
By contacting our lawyers regarding insult issues, you can receive:
- legal advice on how to punish for insult and how to build a defense when charged with this offense
- assessment by lawyers of your actions or the actions of the offender for the presence of elements of a crime for insult or administrative charges
- algorithm of the principal's actions in a specific situation
- preparing an application to initiate a criminal or administrative case
- representing the interests of the principal at the stage of preliminary investigation of the case and in court
- preparing a lawsuit for compensation for moral damages
- preparation of complaints against decisions of law enforcement agencies and courts
- providing other necessary assistance
It is impossible to reconcile
Despite the fact that the crime under Art. 319 of the Criminal Code of the Russian Federation belongs to the category of crimes of minor gravity, for which it is possible to terminate the criminal case in connection with the reconciliation of the parties; such a decision is most often not made either by the investigation or by the courts.
The reason for this is that in this case the victim - a police officer - represents the personification of state power, and not his personal interests, and is not empowered to put up with the perpetrator on behalf of the state.
However, this fact does not deprive the right to apply to the investigator or court with a petition to dismiss the case on this basis, which must be considered and resolved.
