1. Insult, that is, humiliation of honor and dignity of another person, expressed in indecent form, -
entails the imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; on officials - from ten thousand to thirty thousand rubles; On legal entities - from fifty thousand to one hundred thousand rubles.
2. Insult containing in a public speech, publicly demonstrating the work or media -
entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; On legal entities - from one hundred thousand to five hundred thousand rubles.
Criminal Code of the Russian Federation
Comment on Article 1301. When insulting the humiliation of honor and dignity is expressed in a negative assessment of the victim's personality, which undermines its prestige in the eyes of others and damages respect to itself.
2. Insulting as a crime should be expressed in indecent, that is, cynical form, deeply contrary to the rules of behavior adopted in society.
Insult honor and dignity Article of the Criminal Code of the Russian Federation 2015
Federal Law of the Russian Federation of 07.12.2011 No. 420-FZ "On Amendments to the Criminal Code of the Russian Federation and individual legislative acts of the Russian Federation" Article 129 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) - slander, and article 130 of the Criminal Code of the Russian Federation RF - Insult.
The same Federal Law of the Russian Federation, Chapter 5 of the Code of the Russian Federation on Administrative Offenses (hereinafter - the Administrative Code of the Russian Federation), "Administrative offenses, encouraging the rights of citizens" are complemented by new types of administrative offenses - "slander" and "insult".
So, in accordance with Article 5.60 of the Administrative Code of the Russian Federation, the distribution of knowingly false information, the honor and dignity of another person or its reputation, is recognized.
Explaining the legislation
Question: What a liability, including criminal and administrative, is provided for insulting. And where to seek to call for an offender answer?
Replies: the prosecutor of the Sudzhansky district Cherkashin N. V. A separate law on insulting personality in Russian legislation is not. Moreover, from December 31, 2012, Article 130 is excluded from the Criminal Code of the Russian Federation, which provided for the responsibility for insulting, and now it does not apply to crimes.
In the current legislation, an individual insult is considered as an administrative offense, the punishment for which Article 5.61 of the Code of Administrative Offenses is provided.
As the indicated article says, "Insult, that is, the humiliation of honor and dignity of another person, expressed in indecent form" entails the imposition of an administrative fine on citizens - from 1 to 3 thousand rubles, on officials - from 10 to 30 thousand, on legal entities - from 50 to 100 thousand rubles.
Penalties for insulting the person in a public speech, publicly demonstrated by the work or media more severe.
Public Insult Personality in 2020 - COAMA Article (Earlier of the Criminal Code of the Russian Federation)
Absolutely every member of the society at least once in his life insulted, regardless of social status. The Federal Law of December 7, 2011 Article 130 of the Criminal Code of the Russian Federation, in accordance with which the public insult was considered a criminal offense, was recognized as invalid. In exchange, Article 5.61 was introduced into the COAP of the Russian Federation, which now - in 2020 - calls an insult to an administrative offense.
When you are insulted, and even publicly, the desire arises to punish the offender, to defend their rights as a person and a citizen.
An article for insulting a person provides for different types of punishment depending on the circumstances. According to the current legislation, namely Art. 130 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation), COAP of the Russian Federation 5.61 (Code of Administrative Offenses) Miscellaneous Punishment provides for the composition of the crime. To consider the case and understanding, in which a collection of laws to look for and what responsibility to be to bear a person, it is necessary to understand the essence of the offense.
Definition
Insult is humiliation (insult) of honor and dignity of an individual in a rough form with the presence or absence of publicity.
Thus, an insult is any spoken, which has been said in the presence of witnesses or the absence of ENEC, which affects self-esteem, self-perception or the authority of the individual, in whose side there was an insult.
Types of responsibility
In connection with the availability of responsibility for insulting in several codes, many people believe that Article 130 of the Criminal Code has lost its strength, but it is not. In fact, the insult of man simply has several types. They can also be classified by severity of this insult. This classification depends on:
- Severity of the insult;
- Publicity is such.
Also, often on the decision of the court may affect the cause of insult, simply put the "soil" for the transition to personality. This may be:
- Religious;
- Personal;
- National.
Insults on religious or nationally soil in modern society are the most common and difficult to solve the problem.
In addition, a person may insult in various situations, if there is a public or its absence. Often it depends on the location of those who moved to the "Forest" words. A quarrel can occur in the workplace or on the street, in public transport or other public places. Also, an insult can be thrown on the Internet, in social networks. Do not think that the lack of live people in social network provides a personal conversation. If the insult is thrown not in a private chat, it considers public. Public insult has a higher sentence measure.
So, summing up the foregoing, according to the current legislation, the responsibility for insult is divided into:
- Criminal
- Administrative;
- Civil law.
Administrative responsibility
Administrative responsibility is provided for by the Code of Administrative Offenses, namely Article 5, paragraph 5.61.
Administrative responsibility is characterized by the following features:
- There is a system of fines;
- Responsibility is subject to the subject;
- There is a penalty for deviation from solving.
The fin detail system in its first manifestation may be the only measure of punishment for administrative misconduct. For individuals and legal entities, the amount is different. For the first - up to 3 thousand rubles. For the second - up to 10 thousand rubles.
Penalties for deviation from execution are prescribed only by a court decision when considering an individual case.
Criminal liability
Criminal liability is also envisaged for the usual insult. In such a context, not a flattering word is perceived as an attempt to impose into freedom and honor of the individual. Article 130 of the Criminal Code regulates decision-making on such a trial.
Criminal liability is characterized by the following features:
- Low level of severity of insult;
- Insult degrades the honor and dignity of the plaintiff;
- There is no finester system as the main type of punishment;
- Responsibility is personally individual;
- Legal entities are not urgent to such a level of responsibility.
For a legal entity, a measure of criminal liability cannot exist. The fines system can only be a supplement to this kind of punishment, then civil liability will be added to the criminal prize. It can be both moral and material, but about it later.
Since the criminal is only an individual, it may consist in mandatory work or imprisonment. The first is limited to ten working days of 12 hours of work. Second - from 6 months to a year. In court practice it is also possible to appoint correctional work to six months.
Civil liability
Civil liability in judicial practice becomes an addition to the two above types of responsibility. However, in 25% of cases there is a chance to do only this kind of punishment. It consists in granting compensation to the affected side. That share on:
- Moral;
- Material.
Moral compensation is an apology, writing refutations of their words, this item is used for mass communication, hurrying the plaintiff.
Material compensation takes place in the form of payment of the plaintiff in the sum of money appointed by the court, as payment for the cause of moral damage.
The humiliation of the dignity of people and insult them is, in the new conditions, a fairly common offense. Any conflict situations, at the moment, are not uncommon and should be remembered that during a quarrel, participants often act impulsively, apply, as well as expressions and actions. Intentional humiliation can be expressed not only orally or in writing, but also in gestures, actions, etc. This year, in the Russian Federation for insulting citizens, the sentence is expected, according to the Criminal Code or administrative law.
Insulting personality in the Criminal Code of the Russian Federation
Oral insult personality can be applied even by the story to other persons, subject to the foresee of the transfer of this insult to the victim. A written form of insults with itself provides for the humiliation of the dignity of the victim in any indecent form through the use of writing, telegrams or patterns / symbols. Such an insult can be designed to read the victims and for reading by third parties. Insulting by gestures without touches can be expressed in obscene gestures or spit in the victim, etc.
With the humiliation of dignity in any of these forms there is a negative assessment of the person and there is no value for the composition of insult, whether this assessment is false and true.
Article 130.
This insult, allows one to be punished with a fine of up to 40 thousand rubles and in the amount of sn or other income for a period of up to 3 months, or compulsory work up to 120 hours, or correctional work up to 6 months, or restricting freedom to 1 year. Now this article is canceled.
Insulting in a speech in the public, publicly demonstrating the work and media - shall be punished up to eighty thousand rubles or a fine in the amount of wages and other monetary income convicted to 6 months, or compulsory work.
COAP
The humiliation of the personality of the COAMA implies attracting a person to justice. What article for insulting personality? For insulting personality, Article 5. 61 answers.
Article 5. 61.
The humiliation of the dignity of a person, expressed in indecently, entails the imposition of a fine to 3 thousand rubles;
on legal Persons up to 100 thousand rubles. on officials up to 30 thousand rubles;
Public insult personality (an insult in a public speech, demonstrating the work / media), "will make an administrative penalty of up to 5 thousand rubles;
on legal Persons up to 500 thousand rubles. on officials up to 50 thousand rubles;
Failure to prevent such an insult in the demonstrating work / newspapers / other newspapers and the media - the imposition of a fine to 30 thousand rubles for officials and on legal - up to 50 thousand rubles is attacked.
Article in the Civil Code
In addition, in line with 150 articles of the Civil Code of the Russian Federation - dignity and good name is the intangible benefits belonging to all citizens from birth. This gives you a reason for appealing to court with a statement and to compensate for moral damage. It is important to understand that the article for insulting a person will allow us to obtain monetary compensation as a compensation of moral damage.
Article 152.
A citizen of the Russian Federation has the right to demand in court a refutation of the vague information of information, if a person who distributed these information cannot prove that they are true. The refutation should be made in the same way that the citizen's information was distributed.
A person in respect of whom the specified information was common may request, together with a refutation, also publishing his response. If the information made, which vicious the honor and firing reputation, are contained in the document coming from the organization, this document is subject to replacement or response.
In cases where the information, disclosure of dignity and reputation, has become widely known, an offended person is entitled to require the removal of this information, or to prohibit the further distribution of false information by selecting all material carriers in which such information is contained, unless without destroying these instances .
Insulting a person in judicial practice
Every year, thousands of people are judged on this article. Previously, there was a criminal offense for insult, but today it is canceled.
Examples from judicial practice
The world judge of the site number<адрес> Republic of Kalmykia from 22. 06. 2011 The citizen was found guilty of the offense and was punished in the form of a fine of 1000 rubles.
UJ District Court of 12. 08. 2013 recognized Vostrikova E. P. Guilty in the administrative offense part 1 of Art. 5. 61 And he was appointed administrative punishment as a fine of 2000 rubles. A citizen who disagrees with this decision of the magistrate, further appealed it.
Novocheboksar City Court (Chuvashia). By the decision of the judge from 02. 02. 2015 recognized the citizen of the Russian Federation guilty of the administrative offense part 1 of Art. 5. 61 Administrative Code and prescribed her punishment in the form of a fine<данные изъяты> rubles.
According to Article 7 of the Constitution of the Russian Federation, each person is guaranteed the right to a decent life. If a person is offended by someone or humiliates, then the punishment may be followed.
Insult is some kind of action or a statement, which humiliates the dignity of another person.
But when it comes to the punishment, then questions begin to arise, to deal with which this article will help.
What is considered to be an insult
What is considered to be an insult? How can this be found out if the phrase or action is humiliated, because every person responds to certain words in his own way?
For example, someone all said takes close to heart, and the other will not even respond to a slight note.
If a person is very emotionally expresses his thoughts, expresses displeasure to the interlocutor, but does not speak obscene phrases, then in this case, the statements will be considered not offensive.
Expressions are considered to be direct humiliation, including mothers or obscene phrases, which will affect the honor and dignity of a person.
It is important to note that it does not matter whether the insults are truly and they correspond to reality. It is taken into account the fact that a negative assessment was expressed in a humiliating form.
Insulting a person Article 130 of the Criminal Code of the Russian Federation - how it works
Earlier it was already indicated that a person intentionally insulted is quite difficult to prove, because everyone can have his personal opinion and express it.
And to prove that the purpose of the statement was to humiliate honor and dignity, the evidence is needed (video, testimony of witnesses, recording conversation, etc.).
In 2012, the insult was considered an offense (article 5.61 of the Administrative Code of the Russian Federation).
Earlier, for such a crime, criminal penalties were envisaged (Article 15 of the Criminal Code of the Russian Federation).
The court assesses an insult based on the norms of the morality of human society, and not how the humiliation was perceived by the victims.
How the personality insult is punished
In 2012, article 130 of the Criminal Code was canceled. But still criminal liability for insulting personality acts if the recipient of offensive expressions is the state official or military.
Punishment for insulting personality is now applied only within the Code of Administrative Offenses of the Russian Federation (Article 5.61 of the Administrative Code of the Russian Federation).
Administrative Code, Article 5.61. Insult
1. Insult, that is, humiliation of honor and dignity of another person, expressed in indecent form, entails the imposition of an administrative fine on citizens in the amount of from one thousand to three thousand rubles; on officials - from ten thousand to thirty thousand rubles; On legal entities - from fifty thousand to one hundred thousand rubles.
2. Insult, contained in a public speech, publicly demonstrating the work or media, entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; On legal entities - from one hundred thousand to five hundred thousand rubles.
3. The failure to prevent insult in publicly demonstrating the work or media - entails the imposition of an administrative fine on officials in the amount of ten thousand to thirty thousand rubles; On legal entities - from thirty thousand to fifty thousand rubles.
Insulting a person in social networks
Currently, almost every Russian is registered on social networks. Here you can communicate, read the latest news, listen to music, look for new acquaintances and much more.
But sometimes communication between users ceases to be friendly. There are situations where users reach unilent insults on social network.
But not everyone knows that there is an administrative article for insulting the person.
Insulting on the Internet can be both public and non-public.
But the insult in social networks is very difficult to prove. We need witnesses or a witness that can confirm that they saw as a specific person, gained offensive text in their account, and he highlighted on the monitor. Then, confirm that this text was sent to the victim to the social network.
An insult is not considered a message if there is no specific instructions on the victim.
Article for insulting the person in the workplace
If a person is a representative of power (by a law enforcement officer, police officers, etc.) or by the personnel servicemen, the insult will have to respond to the article of the Criminal Code of the Russian Federation (Article 319 or 336 of the Criminal Code of the Russian Federation). Provided that the victim was in the performance of his official duties, that is, was in the service.
In other cases, the boss insulted the subordinate or one employee of the other, the client is an employee who served it, then the responsibility for insult will be administrative, this is a fine. For citizens in the amount of one thousand to three thousand rubles; For officials - from ten thousand to thirty thousand rubles; For legal entities - from fifty thousand to one hundred thousand rubles.
The punishment for insulting the person in the workplace is provided for by Article 5.61 of the Codecha of the Russian Federation.
