LawState and Law

Theory and practice of punishment for insulting a person

Modern Russian legislation treats an insult of a person as a humiliation of dignity and honor in an indecent manner.

Not so long ago for the insult you could not only pay a fine, but also get into jail for two years. Now this crime has received a different legal assessment.

Since 2011, the insult of a person has ceased to be a criminal offense. The 130th article of the Russian Criminal Code has lost its force after the release of Federal Law No. 420. Then the legislators supplemented the fifth chapter of the Code on Administrative Violations of Article 5.61.

Now citizens are responsible for insulting a person, only paying a fine of up to 3 thousand rubles. If the offense is caused by an official, the fine may amount to 10-30 thousand rubles. A legal person may be insulted by 50-100 thousand rubles.

If a citizen is insulted during a public speech, in the media or during a demonstration of the work, the offender will have to pay up to 5,000 rubles. An insult inflicted by an official may result in a fine of 30-50 thousand rubles. Organization (legal entity) can oblige to pay up to 500 thousand.

When no measures are taken to ensure that in a work that is shown publicly, there were no insults, a legal person can be fined 30-50 thousand rubles. From an official the court has the right to claim 10-30 thousand rubles.

If a citizen believes that the punishment for insulting a person is necessary, he can file a complaint with the court. How to draw up this document, explain in a legal advice. The complaint is filed with a magistrate or a court of residence.

A written request to initiate a case will be accepted if there is evidence that an insult has occurred. This fact can be confirmed by the testimony of witnesses whose names, surnames and addresses are indicated in the document. If an insult is inflicted in a public work, one must have his record.

Evidence that an insult has occurred may be an audio recording. Such a certificate should be presented not on a digital medium, but on a magnetic tape (dictophone). The recording is made for self-defense purposes and should not be hidden. The citizen should get a dictaphone and warn the offender about the beginning of fixing the insult. In order to attach the tape to the case, you must write a statement.

After 3 days after filing a complaint, a decision must be made to take it to production. As soon as this happens, in the trial the offended person will receive the status of private prosecutor, and the offender will become the accused.

After the complaint has been accepted, the defendant will be summoned to court within seven days. If he does not show up, a copy of the complaint will be mailed to him. In this post, the possibilities of reconciliation will also be described.

When the accused comes to a meeting with the judge, he will listen to him and ask who else can be invited as witnesses.

Any judge who considers an insult to a person first suggests reconciliation. If the prosecutor and the accused agree, they will write the relevant statements and the court will not. It is important to note that the case will not be re-initiated on this complaint.

If no reconciliation has taken place, a court session will be scheduled. The first hearing must be held no later than fourteen days after the date of filing a complaint with the court.

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