In the Constitution, a person is indicated as the highest value. Therefore, the restriction of his rights and freedoms is punished on various grounds and in accordance with different codes.
Violation of the provisions of the Constitution in relation to a person can be expressed both in physical influence and in moral impact. One such violation of constitutional rights is an insult as a verbal crime.
When can the expression of negative feelings towards a person be considered an insult?
Article for insult
It is worth noting that the previously existing article “Insult” (Article 130) of the Criminal Code has lost force. The reason for this was the unlawful treatment of citizens about insults of a public and private nature. In judicial practice, cases have become more frequent when the prosecution was literally based on indirect evidence. An insult was considered the deliberate action of the offender, aimed at somehow discrediting the honor and reputation of the victim. Often criminal norms were only an instrument of exerting pressure on individuals or legal entities. Due to improper use of the code, the “Insult” article was abolished.
In this sense, the amendments also touched on the article “Fraud”, which also recorded an insult to a person in a sense, which provides for the institution of criminal proceedings only at the request of the victim. Such changes have occurred for many norms of the Criminal Code, since most of the provisions were used only as a tool for pressure, as was already noted earlier for article 130.
Types of insults in the Criminal Code
Today, insulting a military serviceman (Article 336) and insulting a government official (Article 319) are considered as criminal offenses. For criminal proceedings it is necessary that there be a corpus delicti, that is, that the offender has a very definite intention to commit these acts. It should be noted that insult can be expressed not only in verbal negative treatment, but also in verbal coercion to commit or imperfect certain actions.
Serviceman insult
Article of the Criminal Code “Insulting a Serviceman” does not contain a description of actions that may be considered a humiliation of honor and dignity. However, if we consider Article 130, which has become invalid, we can say that the unlawful act provides for humiliation expressed in a form that is not accepted in society in personal communication or in public.
With regard to article 336, we can say that the words or actions of the offender, which humiliate the employee’s identity and expressed or committed in the presence of someone, will be the basis for initiating a criminal case.
Insult to a representative of authority
The same can be noted with respect to the provisions contained in article 319: insulting a person who is endowed with any kind of authority. The rules can only be applied if the citizens mentioned in the Criminal Code are in the line of duty. Representatives of the authorities should be understood as persons who are engaged in the performance of their professional duties and exercise the powers given to them by virtue of their official position.
Insulting a citizen
If the insult has occurred against a civilian, the article “Insult to Honor and Dignity” (5.26 of the Code of Administrative Offenses) is applied, which states that insulting a person in indecent form, as well as in the public media and allowing the appearance of insults in public form is punishable by a fine from 1 to 100 thousand rubles. 
This act has received an administrative orientation for the reason that it is not a socially dangerous action, such as humiliating citizens in execution, on which the security of the state and society largely depends.
Web insult
For posting defamatory or other information that can cause a negative reaction from the society towards the citizen, the person faces a punishment, which provides for the relevant article.
An insult on the Web, which manifests itself in the form of messages, is subject to administrative or criminal penalties. Information posted only in personal correspondence is not an insult for which penalties may be imposed.
Offensive information, even if it is posted on its page and is available only to friends, will also be taken into account. However, information based on existing and reliable facts and published in the form of criticism is not a crime.
As a rule, information is posted with the aim of inciting hatred or inciting hostility between people of different nationalities, as well as humiliating the dignity of a person. With regard to such actions, which imply an insult, the article of the Russian Federation existing in the Criminal Code is indicated under number 282.
Defamation as a form of insult
Together with the 130th, the 129th article of the Criminal Code of the Russian Federation ("Slander"), which was transferred to Section 128.1. By slander in the code it is necessary to understand knowingly false information regarding a citizen that offends his honor and dignity. This can be either information that a person has a dangerous disease, or information that a citizen has committed a crime, which actually does not exist.
Defamation offends the citizen’s feelings, and also negatively affects or may affect his social activities in the future. This type of insult can be recognized as a criminal offense only if information about an individual or legal entity is disseminated in the media or on other public resources. Such information, expressed only in a personal message to the victim, access to which is available only to the person to whom it is addressed, is not considered slander and is not an offense.
Threats and insults
Often, by phone, on the web, or during a personal meeting, threats and insults are carried out, which are designed to humiliate and intimidate a person. Threat article and insults - 119 of the Criminal Code of the Russian Federation - implies that the expression of the desire to kill must be really confirmed (sweeping, showing the alleged murder weapon or personal characteristics of the one who threatens). The victim must have every reason to fear for his life or health, which is necessarily noted in the protocol and included in the criminal case if a preliminary investigation is being conducted.
At the same time, only threats are indicated in the rule of law, since insulting this crime has a certain share of probability, for which there is a measure of responsibility, but it is not considered as a separate offense. It should be noted that if the suspect is charged Article 119 of the Criminal Code RF, then administrative penalties are not applied to him, since the criminal article in this case is more voluminous and absorbs administrative.
Public insults
For the distortion of real information in the public domain, if it concerns a certain circle of persons who perform official duties related to state or executive power, the previously mentioned article - “Insulting representatives of the authorities” (319) or article 336 of the Criminal Code of the Russian Federation applies.
Information in this case can be reliable and based on real facts, which are easy to confirm, or be fiction. Even those who decide to just joke or express their assumptions are liable to be summoned to court as a defendant when a person is insulted.
According to the definitions contained in the previously mentioned administrative article, a public insult against ordinary citizens is not subject to criminal punishment.
Related Articles in the Law
In addition to articles that uniquely define insult and humiliation, there are provisions that are similar in concept:
- Article 5.26 of the Code of Administrative Offenses of the Russian Federation - violations of laws on freedom of conscience, religion and religious associations;
- Article 5.62 of the Code of Administrative Offenses - discrimination that can be expressed as an insult;
- article of the Criminal Code 335 - violation of the statutory rules of conduct associated with humiliation.
Thus, these provisions are related, imply a violation of the rights and freedoms of man and citizen, as enshrined in the Russian Constitution, and contain sanctions applied to the violator.
Public Abuse Statement
It must be clarified that the fact of insult must be proved. Anyone affected by the information posted for public viewing should independently apply to law enforcement agencies or a court with confirmation of the offense. This may be an article in a newspaper or a television broadcast, as well as information contained in a public document that recognizes even a characteristic from a job that has got to a potential employer.
The lawsuit is considered in a magistrate’s court. If the fact is proved, together with the fine, the defendant may be obliged (which is most often the case) to refute the information defaming the honor and dignity in the same way that they were posted.
