An insult to a person is an actiona person expressed in an indecent form with respect to another person, with the aim of humiliating his honor and dignity. The composition of the offense includes all possible types of insults. For example, a written form, verbal, by performing any actions, using video and audio recordings, video editing or using the Internet. All this is covered by the action of one article. Therefore, a separate article for insulting a person in social. networks or any other sources or actions. Consider everything in order.
Such action is governed by article 5.61.Code of Administrative Offenses Although until recently, responsibility for the violation in question was regulated by the Criminal Code of the Russian Federation. Personal insult is then reclassified as an administrative violation. Some people still mistakenly believe that this is a criminal offense. And many people do not even know that such actions are an offense and certain sanctions are envisaged for them. Which article for insulting person is valid? What is her punishment? All this is spelled out in detail in paragraph 5.61. Code of Administrative Offenses
Defamation is considered to be defamatory.the dignity and honor of another person knowingly false information. They undermine the reputation of the person. Libel may be public in nature, that is, contained in mass media and other sources, as well as in public speeches. It can be committed with the use of his official position, contain information about the disease of a person who may be dangerous to others, as well as about accusing a person of committing a crime. Other information discrediting the dignity and honor of a person also applies to the definition under consideration.
Slander is prohibited by criminal law,unlike insults. And this act is punished by fine or obligatory works. To determine which article for insulting a person or defamation applies in a particular case, it is necessary to consider the composition of the offense or crime.
Administrative cases for insult are considered private prosecution cases. They are excited only upon application of the injured party or its legal representative.
Article for insulting the person in the social.networks, media sources, radio or television, etc. assumes responsibility for this act. It is provided for by administrative legislation in the form of the imposition of a fine in the amount of one thousand rubles. The amount, of course, not everyone discourages repeating the violation. The amount of the fine is established in court.
Currently, social networks occupy a specialplace in the life of the population. Almost every Russian has at least one account on such resources. Communication, news, new acquaintances, music, games and much more - all this can be found on any social network. But not always communication between users is friendly and unconstrained. There are situations when a social network serves as a source for insulting. This is a convenient and common way lately. But not many people know that there is an administrative article for insulting a person. In social. networks it happened or somewhere on the street - it does not matter. The main thing was the fact of violation of the law. It is important to realistically assess your strength in order to prove the fact of insult.
Insult in the vastness of Internet resources maybe both public and non-public. What is the difference? Public insult of the person in social networks occurs by writing a derogatory text, visible to all users of the Internet resource. A non-public message sees only a specific user to whom it is addressed. It is not so important how the law was violated. Only here an insult on social networks is very difficult to prove. Although such precedents are already known. To do this, you must provide witnesses who can confirm the fact in question. For example, a person must testify that he saw how a particular person who insulted typed in a certain text in his account, and he appeared on his monitor.
Insult and defamation have certainsigns and its nuances. They allow to distinguish one action from another. Slander is the dissemination of information that is of a deliberately false character about the injured person. And insulting are actions that defame the honor and dignity of the injured person. Slander is expressed in the report of any fictional act or act. For example, that PP Ivanov stole a bicycle from a neighbor. But insult is expressed in a negative assessment of the individual in an indecent form. As a rule, these words are not allowed by censorship, so we will not give them as an example.
Article for insulting the person in the social.networks and other sources in its composition does not imply the existence of indirect intent. The violation in question is committed only with direct intent. Indirect, however, in an insult is impossible. This category of offense includes the fact of foreseeing adverse consequences and the conscious assumption of their occurrence. Intention to insult and slander takes place not only in the course of spreading false information about the person or humiliating the honor and dignity of the victim, but also when the guilty person realizes that the result of his actions are precisely the violations of the law in question. Therefore, these actions do not imply indirect intent.
