Theory and practice of punishment for insulting a person

Modern Russian legislation treats an insult to 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 the person has ceased to bea 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 with Article 5.61.

Now citizens are responsible foran insult to the 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. An insult to an entity may cost 50-100 thousand rubles.

If a citizen is insulted during a publicspeech, in the media or during the demonstration of the work, the offender will have to pay up to 5 thousand 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 thata work that is shown publicly, there were no insults, a legal person can be fined 30-50 thousand rubles. From the official, the court is entitled to claim 10-30 thousand rubles.

If a citizen believes that the punishment foran insult to the person is necessary, he can appeal to the court. How to draw up this document, explain in a legal advice. The complaint is submitted to the magistrate or to the court of the place 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 and addresses are indicated in the document. If an insult is inflicted in a public work, one must have his record.

Proof of an insultpersonality, audio recording can also become. Such a certificate should be presented not on a digital medium, but on a magnetic tape (dictaphone). 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.

3 days after the complaint was filed, there should bea decision was 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 acceptedproduction, within seven days the accused will be summoned to court. If he does not show up, he will be sent a copy of the complaint by mail. 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 insultpersonality, 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 take into account 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 from the date of filing a complaint with the court.