In a state of law, crimes against the person are considered in a special manner. The fact is that a person, his dignity, honor and freedom are highly valued not only in accordance with the Criminal Code, but also on the moral principles of a civilized society. There are two types of such offenses, both encroaching on a person’s reputation. Separately consider the attempt on freedom and sexual integrity citizens.
What is meant by the honor of a citizen?
In the Criminal Code, honor is how a particular individual evaluates society, namely its spiritual and social qualities. What will be the assessment depends on the person himself, his interaction with other people, behavior, attitude to the state.
What is dignity?
Dignity is their own assessment of personal qualities, social purpose, behavior, worldview, human abilities. The honor of a citizen and his dignity are closely interconnected. They are inseparable from the personality of a person and, in fact, are very important spiritual blessings.
Dignity and honor reflect social relations, for example between people with disabilities and society. That is why they are given great importance, and the protection of these concepts is provided by various branches of state law.
What is a reputation?
Everyone knows how important a person’s reputation is. This term is understood over the years as a formed opinion about the person of his neighbors, work colleagues, relatives, close friends, colleagues. If someone encroaches on the reputation of another person - this means that he has intentions to change his opinion about the person, his social significance, assessment of abilities, competencies.
Seventh Section of the Criminal Code
About all legislative norms that stipulate the responsibility of citizens for crimes against the person, can be found in detail in the Criminal Code of the Russian Federation, namely in section No. 7.
The various forms of law are divided into several chapters:
- Violation of human health and his life.
- Violations regarding the honor, freedom and dignity of citizens.
- Crimes against the sexual integrity of an individual.
- Constitutional and civil law of a free citizen.
- The rights of children and parents.
Section 105
Since the part of the Criminal Code of Russia concerning the personality of citizens is structured in order of importance, the responsibility for crimes against the person is provided for different (depending on the severity of the violation). The worst thing is the deliberate deprivation of life of a citizen (murder).
The legislation provides for the maximum possible punishment for this type of crime - life imprisonment. However, the article spells out several more different rules by which the measure of restraint can be changed to a softer one if there are certain grounds for this. For example, crimes against the person that resulted in death, committed in a state of great emotional disturbance of the offender, are punishable by imprisonment for five years. Each situation is considered by the court individually.
Section 129
The main crimes against personal dignity are related to the dissemination of false information (slander) about a person. It is precisely such actions that destroy a person’s reputation in the eyes of society.
Objectively, libel is considered by the legislation of the Russian Federation as the dissemination of negative and defamatory fabrications for a particular citizen. That is, the criminal, knowing in advance that he is telling a lie, continues to defame the victim and thereby harm his reputation. Even if the information was transmitted only to one person, the actions of a citizen can already be considered as slander. It cannot be qualified as a crime against the honor and dignity of a person the dissemination of false information about a person if it does not defame him.
The legislation of Russia refers to defamatory fabrications only information that degrades the dignity of a citizen in terms of universal morality, compliance with the rules of residence and the Constitution of the country. That is, the information constitutes concrete facts, but lacks an evaluative opinion (“stupid person” is not slander). If one person lies that another has sexually transmitted diseases, the court will recognize this as defamation.
Section 130
Insult is another version of the crime against the personality of the Russian Federation. The essence of the violation is that the actions (or words) of one person degrade the honor and dignity of another. This can be expressed in a negative assessment, having an indecent form. If the words or actions of the offender are contrary to ethical and moral standards then regardless of whether he speaks the truth or slanders, he can be prosecuted under article 130 of the Criminal Code. If the offender uses profanity, but does not insult a specific person, then his actions can be qualified as hooliganism (an expression of disrespect for society).
There is a variant of insulting the personality by action. For example, an attacker intends to humiliate a victim while being beaten. An insult cannot be unintentional; the subject of such a crime is always recognized as a person who had direct intention in advance.
Under article of the Criminal Code No. 130, different actions of the violator are qualified. An insult can be inflicted personally, as well as with a large concentration of people (in public) or by transmitting degrading information in the media.
Section 126
Kidnapping - This is a crime against the integrity of the person. By this we understand the actions of attackers, as a result of which the victim against their will falls into their full possession. There are many ways to capture a person. The Criminal Code considers both direct violence against a person and a fraudulent path (in any case, someone else's will is imposed on a person). The abduction is qualified and considered perfect at the time of the capture of the victim, further retention is subject to another article of the Criminal Code of the Russian Federation.
The presence of accomplices, the danger to the life of the abducted person, the use of weapons, and the fact that the victim was a minor or a pregnant woman significantly increases the preventive measure against violators.
Section 127
Illegally depriving a person of his freedom is a multi-objective type of offense against the person (the offender encroaches on honor, dignity, freedom of the person, and sometimes on his life and health). This article qualifies only those crimes that are not related to kidnapping. That is, if the offender holds the victim in a specific place for a long time, preventing him from moving freely, this qualifies as illegal imprisonment.
Among the ways to keep the victim, the law considers violence (psychological or physical), deception, promises, and more. In this case, the victim must be in real danger.
Section 127.1
Trafficking in human beings is a very serious crime, for which responsibility is also provided for in accordance with the Russian Criminal Code.The object of such an offense is a person who is sold, recruited, transported for further exploitation, and more. For example, a person was hired, transferred to another place, transferred to someone for further labor or sexual exploitation. Measures of influence on the object of the crime may be some promises, deceit, holding against the will, abduction.
The law differently considers the actions of the perpetrators. For example, if the offender is motivated by "good" intentions and acts in the interests of the victim, then the social danger of his actions is reduced to a significant extent, which means that the preventive measure will be softer. The reverse situation is with those whose intentions were self-serving, especially if there are more than one victims, they were threatened with death, there was an illegal removal of internal organs or crossing the Russian border.
Crimes against sexual freedom of the individual
In practice, this group of violations is often called sex crime. It includes crimes against the sexual inviolability (sexual freedom) of a person for which responsibility is provided. Articles 131-135 The criminal code.
This category involves a violation of the normal lifestyle of sexual partners:
- lack of voluntary consent;
- one of the partners has not reached the required age;
- Availability depraved actions from one of the partners and so on.
Sexual freedom of a person implies that a person who has reached a certain age decides independently how and with whom he can satisfy his personal sexual needs. Immunity in this case applies to persons under the age of 16 years. Adults do not have the right to influence their fragile psyche with their actions or actions, and even more so to use violent acts against minors.
The victims under these articles can be people of both sexes, capable and defenseless (including those intoxicated and insane).
