Probably, every person at least once in his life was faced with insults. It is not surprising that many are affected by this question. Nobody likes when someone offends their personality and does not bear any responsibility for it. However, in everyday life, people very often humiliate each other and are not responsible for their actions and words, which can hurt their interlocutor. What liability is provided for this type of crime? There is an article in the Criminal Code of the Russian Federation that states that it is necessary to incur criminal liability for insulting a person.
What is meant by insulting a person?
Insulting a person is a humiliation of honor. This type of crime can include various indecent statements about a person in speeches, works that are shown publicly, as well as in the media.
It is worth noting that it does not matter if the insults were true or true. Only the fact that a negative assessment of a person was given in a derogatory form is taken into account.
The court assesses the insult based on the moral standards of human society, and not on how the humiliation was perceived by the victim.
Article 130 provides for MA
Article 130 of the Criminal Code of the Russian Federation provides for criminal liability for verbal and written insult. The subject of a criminal assault may be a person who has reached 16 years of age and has been recognized as responsible. A criminal case will be instituted if the victim has filed an application. Insulting a person will be punished.
A criminal case can only be closed after the accused is reconciled with the victim.
How to insult a person
There are 2 types of insults that are punishable under article 130 of the Criminal Code.
Insult - humiliation of dignity. This type of crime provides punishment:
- a fine that is charged in the amount of 40,000 rubles;
- a fine equal to the convict’s salary or any other income for the last 3 months;
- correctional work, which are appointed for up to 6 months;
- restriction of freedom for up to 1 year.
An insult contained in a public speech or work, as well as in the media. This kind of humiliation of personality is punished:
- a fine equal to 80,000 rubles;
- a fine equal to the salary of the convicted person;
- mandatory work for a period of 180 hours;
- correctional labor for up to 1 year;
- restriction of liberty up to 2 years.
Article 130 of the Criminal Code of the Russian Federation provides for one of the above types of criminal punishment, which the convict will be required to fulfill.
Corpus delicti
The object of this crime is the honor and dignity of the victim.
The objective side is the insult itself, that is, humiliation and negative assessment, which is given to the victim.
Subject of a crime - a person who has reached the age of 16 and is recognized as sane (accused).
The subjective side of the crime is intent, i.e., the motives of insulting and humiliating the person.
In order to open a criminal case, the victim must write a statement, after which the accused will be held responsible for insulting the person.
Punishment for insult. Article RB provides for responsibility for humiliation
In other countries and republics, there are also measures to punish a criminal for insulting a person. Article RB of the Criminal Code No. 189 also provides for such a crime as humiliation and insulting of honor, as well as dignity of a person.
In the first part of Article 189 of the Criminal Code of the Republic of Belarus, humiliation of a person within 1 year after an administrative penalty as a result of insult or slander provides for the following punishments:
- public Works;
- fine;
- correctional labor up to 1 year;
- restriction of freedom of a convict up to 2 years.
Part 2 also contains a list of penalties for insulting a person.Article RB 189 states that humiliation in public speeches or works and the media is punishable by:
- a fine;
- correctional labor up to 2 years;
- arrest up to 3 months;
- restriction of liberty up to 2 years.
What to do if your dignity is humiliated?
If any person humiliates your honor by calling you offensive words in indecent form, this is called an insult to the person. In this case, you can contact the law enforcement authorities and apply. After that, a criminal case will be opened against your offender. The punishment for insulting the person will be chosen by the court.
Do not ignore the insults addressed to you and contact law enforcement agencies which will punish your offender.
In which cases reconciliation of the victim and the accused is possible
Insulting a person is a matter of private prosecution, therefore, a criminal case against a person who defames the honor of another person is initiated only after a complaint and statement. The charge can be withdrawn only in case of reconciliation of the victim and the accused. It can happen only before the court retires to the deliberation room. After the sentencing, the parties will not be able to reconcile.
If the victim, for any reason, cannot appear in court in order to represent his interests, with the permission of the prosecutor, a criminal case can be instituted without a complaint from the injured party. In this case, reconciliation of the two parties is impossible.
Humiliation of a person without her presence
If a citizen insulted another person in his absence, he should know that he will not be charged. The victim can file a complaint for insulting a person, even if his honor and dignity were humiliated without his presence: in public speeches, the media, etc.
In the event that you are offended by another person without your presence, you can go to court with evidence of humiliation of your honor.
Written and verbal humiliation of the honor of the injured party
Insult must necessarily be expressed in indecent form, as well as degrade the honor of the victim. It can be expressed verbally when a person gives a negative assessment to another person, as well as in writing, when the offender passes notes or letters containing indecent and obscene statements. If there is any doubt that the actions were committed against the victim, then a criminal case may not be instituted.
You should control your emotions so that you do not have to answer for rash words and actions. Refrain from indecent statements, as you risk being prosecuted for this. Many people often insult each other without thinking about the dire consequences. Therefore, in order not to spoil the reputation of an honest citizen who lives in accordance with the laws of the Russian Federation, watch your speech and do not speak indecently to other people, so as not to be convicted. Try to avoid humiliating another person, as this can lead to serious consequences that are unfavorable to you. Even if you think a person is bad, do not insult him.
If someone has offended you, you should not leave this unattended. Contact the law enforcement authorities to punish the offender by law, but if you do not want to go to court, ask for an apology from the person who humiliated your honor.
