Communication between people does not always take place in a calm and peaceful atmosphere. Unfortunately, conflicts also occur. Opponents often forget decency and use offensive language in their speech. Offensive phrases can be expressed intentionally or under the influence of emotions. It is good if after a quarrel people cool down and apologize to each other. But what to do when a person intentionally insulted a person and believes that he is absolutely right? Is it possible to punish the offender? What article for insult valid in Russia? We will understand this further.
Insulting personality and slander
These two concepts differ from each other. Different and responsibility for such actions. Previously, there was an article in the Criminal Code for insulting a person. In general, it is understood as the humiliation of human dignity, committed intentionally. It is expressed in indecent form and can be applied not only in writing or orally, but also in the form of actions, for example, indecent gesture, spit, slap, and so on. It will not matter whether the aforesaid is true. Unlike defamation, insult does not concern the presentation of false allegations or facts. It acts as a negative assessment of a person, his views, actions, actions, expressed in an unacceptable form.
Law
Punishment for insult and slander is provided for in various legislative provisions. If there are signs of both offenses as part of the crime, the liability will be appropriate - double. That is, the offender will be subject to the Criminal Code under Art. “Slander” (128.1) and 336 (insulting a soldier) or 319, which protects representatives of the authorities. If the victim does not belong to the indicated categories, then criminal liability for the last two will not come. For the second violation, administrative measures will be taken.
Personal insult: article of the Criminal Code of the Russian Federation
Previously, as mentioned above, such behavior was criminally punishable. However, they ceased to attract such responsibility for insulting a person (article of the Criminal Code of the Russian Federation 130). This is due to the fact that this misconduct went into the category of administrative offenses. Thus, in the Criminal Code of the Russian Federation, insulting a person is now absent. Criminal liability was in effect until January 1, 2012. However, there is one exception. The law nevertheless provides for criminal liability for insulting a person. Article of the Criminal Code of the Russian Federation No. 336, for example, establishes punishment if a soldier or a representative of the government acts as a victim. Responsibility arises in the event that the unlawful action concerned the professional activities of these entities or occurred in the process of fulfilling their duty in the service.
Important point
Not every citizen is allowed to be prosecuted for insulting a person. Article of the Criminal Code No. 336 provides for punishment only for military personnel. That is, preventive measures will apply to persons of equal, junior or senior rank. The rest of the people are covered by the Code of Administrative Offenses.
Administrative punishment
Today, instead of Art. 130 of the Criminal Code, there is another article for insulting a person - 5.61 of the Code of Administrative Offenses. According to her, the offender faces a fine. Its size will depend on the identity of the victim and the circumstances of the case. The amount of the fine is from one to 50 thousand rubles.
How can you protect yourself from the wrongdoer?
According to Art. 150 CC, the good name, dignity and honor of the person, as well as the inviolability of life are recognized intangible goods. They belong to people from birth. This is the basis for appeal to the judicial authorities in violation of rights and freedoms, prosecution of the offender and compensation for moral harm. When filing a claim, it is necessary to rely on Art. 150-152, 12, 1099-1101 Civil Code. In Art. 131 the requirements for the preparation of an application to the court are given.
The content of the claim must contain circumstances according to which the plaintiff considers the actions of the defendant unlawful. These facts must be supported by evidence. The latter, for example, may be recordings of video cameras or talking on the phone, testimonies of witnesses, printouts of pages from the Internet or SMS messages. Today, quite common public insults are publications on sites that contain relevant content. For a reasoned proof of their existence, experts recommend contacting a notary public and browsing the pages with him. The drawn up protocol can then be attached to the statement of claim.
Finally
Practice shows that collecting and submitting documents proving the violation of the law can be very problematic. In this regard, it is advisable to contact qualified lawyers. This will greatly increase the likelihood of a successful outcome. It should be remembered that even if the offender will be held accountable and punishable, the victim has the right to file an application for compensation for moral damage.
The court cannot refuse the applicant to examine the claims. The lawsuit should also state the circumstances of the case, indicate that the offender has been prosecuted and punished. The amount of compensation for non-pecuniary damage will depend on different circumstances. If the victim was forced to see a doctor due to insults, then this should also be indicated in the application. This fact should be, like others, documented (certificate, certificate of incapacity for work, etc.).