What to do if you are humiliated in public. What can you say to a man and what is important to remember

New edition Art. 130 of the Criminal Code of the Russian Federation

Article 130. Lost force - the federal law dated 07.12.2011 N 420-FZ.

Commentary on Article 130 of the Criminal Code of the Russian Federation

1. Object criminal offense- honor and dignity of a citizen.

2. The victim is a private person. Insulting a government official, judge, juror, prosecutor, investigator, person conducting the inquiry, bailiff, military personnel each other during the execution official duties entails a criminal offense under the relevant articles of the Criminal Code of the Russian Federation (Articles 297, 319, 336).

3. Objective side is expressed in actions containing a negative generalized assessment of the victim’s personality in an indecent form and degrading his honor and dignity. For the corpus delicti, it is indifferent whether the negative assessment of the victim’s personality was true or not. The only important thing is that this assessment was given in an indecent form.

4. Indecent form is designed to cause the victim a feeling of resentment and humiliation; it contradicts the generally accepted rules of behavior of people in society. When deciding whether a negative assessment is expressed in an indecent form, the court proceeds from the moral norms of society, and not from its perception by the victim himself, because he may have increased self-esteem and consider any critical statements addressed to him to be offensive.

5. Insult is committed through active behavior: verbally, in writing, by action (slap in the face, tearing off headdress or clothing, spitting in the face, obscene gestures, etc.).

6. Insult can be in the presence of third parties, the victim or in his absence. IN the latter case the culprit must be aware that insult will be known to the victim.

7. The crime is completed (by elements) at the moment of an offensive statement or gesture in an indecent form regarding personal or social qualities victim.

8. Subjective side - direct intent. By subjective side insult is different from hooliganism. Motives offensive remarks and actions are caused by personal hostility, and the motives for hooliganism (administrative offense or crime) are mischief, obvious disrespect for society.

9. The subject of a criminal offense is a sane individual who has reached 16 years of age.

10. The qualifying circumstances are identical to those specified in Part 2 of Art. 129.

11. A case of insult is initiated only at the request of the victim or his representative and is subject to termination in connection with the reconciliation of the victim with the accused (Article 20 of the Code of Criminal Procedure).

12. Insult differs from slander in that the honor and dignity of a person are humiliated through offensive expressions general(“thief”, “swindler”, etc.) or by accusing the victim of this or that vice, while in slander false information about specific facts is disseminated (“stole things”, “swindled money”, “beat up a citizen” " and so on.)

13. Unlike beatings (Article 116), when an insult occurs, the perpetrator pursues the goal of humiliating the honor and dignity of the victim, and not of causing physical pain or harm to his health.

14. Insult is a crime of minor gravity.

Humiliating the dignity of people and insulting them is, in the new conditions, a fairly common offense. Any conflict situations, V currently, is not uncommon and it should be remembered that during a quarrel, participants often act impulsively, use, as well as expressions and actions. Intentional humiliation can be expressed not only verbally or in writing, but also in gestures, actions, etc. This year in the Russian Federation, insulting citizens will be punished, according to the Criminal Code of Russia or administrative legislation.

Insulting a person in the Criminal Code of the Russian Federation

A verbal insult to a person can be inflicted even by telling it to other persons, provided that it is foreseen that this insult will be transmitted to the victim. A written form personal insult involves humiliation of the victim’s dignity in any indecent form through the use of a letter, telegram or drawings/symbols. Such an insult may be intended to be read by the victim and read by third parties. Insult through body movements without touching can be expressed in obscene gestures or spitting at the victim, etc.

When dignity is humiliated in any of these forms, there is a negative assessment of the personality and for the composition of the insult it does not matter whether this assessment false and true.

Article 130

This article for insult allows punishment with a fine of up to 40 thousand rubles and in the amount of salary or other income for a period of up to 3 months, or compulsory work for up to 120 hours, or correctional labor up to 6 months, or restriction of freedom up to 1 year. Now this article cancelled.

Insult contained in public performance, publicly displayed work and means mass media- is punishable by up to eighty thousand rubles or a fine in the amount wages and other cash income sentenced to 6 months, or compulsory labor.

COAP

Personal humiliation article of the Code of Administrative Offenses involves holding a person accountable. What is the article for insulting a person? Insulting a person is punishable under Article 5.61.

Article 5.61

Humiliation of human dignity, expressed in indecent form, entails a fine of up to 3 thousand rubles;

in legal persons up to 100 thousand rubles. for officials up to 30 thousand rubles;

Public insult to a person (insult in a public speech, demonstrated work/media) - will force you to pay an administrative fine of up to 5 thousand rubles;

in legal persons up to 500 thousand rubles. for officials up to 50 thousand rubles;

Failure to take measures to prevent such insults in the displayed work/newspapers/other newspapers and media will entail a fine of up to 30 thousand rubles for officials and for legal entities - up to 50 thousand rubles.

Article in the Civil Code

In addition, in accordance with Article 150 of the Civil Code of the Russian Federation - dignity and good name are intangible benefits belonging to all citizens from birth. This gives you grounds to file a claim in court and seek compensation. moral damage. It is important to understand that an article for insulting a person will allow you to get monetary compensation as compensation for moral damage.

Article 152

A citizen of the Russian Federation has the right to demand in court a refutation of information discrediting his dignity if the person who disseminated this information cannot prove that it is true. The refutation must be made in the same way as information about the citizen was disseminated.

The person against whom they were disseminated specified information, may require, along with a refutation, the publication of its response. If information expressed that discredits honor and reputation is contained in a document coming from an organization, this document is subject to replacement or revocation.

In cases where information discrediting dignity and reputation has become widely known, the offended person has the right to demand the removal of this information or a ban on further dissemination false information by withdrawing all material media, which contain such information, if it is impossible to remove the defamatory information without destroying these copies.

Insulting a person in judicial practice

Every year thousands of people are tried under this article. Previously, there was a criminal offense for insult, but today it has been abolished.

Examples from judicial practice

Magistrate of precinct No.<адрес>Republic of Kalmykia dated June 22, 2011, a citizen was found guilty of an offense and was punished with a fine of 1000 rubles.

Uysky district court dated 12.08.2013 found Vostrikov E.P. guilty of an administrative offense under Part 1 of Art. 5.61 and he was assigned administrative punishment as a fine of 2000 rubles. The citizen, not agreeing with this decision of the magistrate, further appealed it.

Novocheboksarsk City Court (Chuvashia). By a judge’s decision dated 02.02.2015, he found the citizen of the Russian Federation guilty of an administrative offense, part 1 of Art. 5. 61 Code of Administrative Offenses and sentenced her to a fine<данные изъяты>rubles

It is impossible to insult a wise person, because

You cannot be offended by the truth, and untruth is not worth attention.

Robert Heinlein. Citizen of the Galaxy

Insult (Offensiveness) as a personality quality – a tendency to cause heartache, moral damage, seriously offend, intentionally, in an indecent form, humiliate the honor and dignity of an individual.

One person began to publicly insult the sage: “You are an atheist!” You're a drunkard! Almost a thief! In response to this, the sage only smiled. A dressed-up young man in silk trousers who observed this scene asked the sage: “How can you tolerate such insults?” Aren't you offended? The sage smiled again. And he said: “Come with me.” The young man followed him into the dusty closet. The sage lit a torch and began to rummage through the chest, in which he found a completely worthless, holey robe. He threw it to the young man and said: “Try it on, it suits you.” The young man caught the robe, examined it and became indignant: “Why do I need these dirty cast-offs?” I seem to be decently dressed, but you must be crazy! - and threw the robe back. “You see,” said the sage, “you didn’t want to try on rags.” In the same way, I did not try on those dirty words that that man threw at me. We shouldn’t be offended by insults – it’s the same as trying on the rags that are thrown at us.

Marcus Aurelius wrote: “If someone has insulted me, that is his business, such is his inclination, such is his character; I have my own character, the one that was given to me by nature, and I will remain true to my nature in my actions.” In the east there lived a sage who taught his disciples: “People insult in three ways. They may say you are stupid, they may call you a slave, they may call you untalented. If this happens to you, remember a simple truth: only a fool will call another a fool, only a slave looks for a slave in another, only a mediocrity justifies what he himself does not understand by someone else’s madness. Therefore, never be offended by anyone, and do not insult yourself, so as not to be branded as stupid, untalented slaves.”

Insult is the barking of an excited ego. This is verbal aggression of one’s depravity, transferred to others. You can insult with behavior, but, as a rule, they try to “kill” with words. The insult algorithm is quite simple. Someone offended me, anger appears and a desire to return the offense, causing moral damage to the offender and causing mental pain, preferably by getting into a vulnerable place. When it is impossible to insult the offender, the object of the insult is often replaced. Evil breaks out at the first person it meets.

Diogenes Laertius talked about a philosopher who studied dispassion for three years by paying a coin to every person who insulted him. When his apprenticeship ended, the philosopher stopped giving out money, but his skills remained: one day he was insulted by some ignoramus, and instead of attacking him with his fists, he laughed: “Wow,” he said, “today I got that for free.” , for which I paid for three whole years!”

Insult - smearing another with the dirty paint of your loose, uncontrolled mind. This is a feeling of extreme resentment. The insult can be intentional or accidental (from a misunderstanding or an accident). It becomes a personality quality when a person in interpersonal communication constantly resorts to insult as a means of optimally solving, in his opinion, all the problems that have arisen in communication. Sent him to hell and seemed to put an end to it. That's it, the arguments are over. Now, if the opponent did not retreat, you can fight in silence.

The worst insult is when a person insults a holy person. The responsibility for this obscenity is enormous. Many people think that insulting God is the worst thing. God doesn't care about offensive phrases addressed to him. He loves even those who hate him. When a person thinks negatively about God, he still thinks about Him. This means it is cleared. God says, “Don’t worry about those who hate and blaspheme Me. They will come to Me. When a person thinks of me with malice or hatred, he is still purified.” God does not need the protection of earthly justice. Whether a person loves or hates God is a matter of level of consciousness. It's worse when he doesn't believe at all.

A completely different calico appears when a person thinks and speaks badly about saints. God Himself in many places in the Bhagavad-gita says that you can insult Me, there is no problem, but if you insult a holy person, then you will be responsible for it full program. God doesn't accept this. God accepts insults against himself, but does not accept insults from a saint. Torsunov O.G. states: “It is safer to offend God than to offend a saint. Therefore, if a person hates a holy person, he degrades to the lowest forms of life... How to neutralize the force that causes degradation? You just need to come, ask for forgiveness from this saint, and that’s it, nothing else is needed. All sins will be destroyed. If a person does not do this, he will continue to degrade inevitably and very strongly... Therefore, if you want to communicate with holy people, you must first of all learn to be humble. Otherwise, then there will be the opposite effect, everything will be the other way around, complete degradation will occur.”

The laws of the universe severely punish for insulting parents. In practice, such an insult is equivalent to an insult to the saints. When your father is insulted, you can forget about high position in society. If your father is the fallen of the fallen and you offend him, expect difficulties in career growth. In addition, the offending son or daughter runs the risk of developing intractable illnesses, poor digestion and weak immunity.

If you insult your mother, it means you are deprived of peace, vitality and restful sleep. Insulting his mother, a man will not be able to choose good wife, just as by insulting her father, a woman will not be able to find a good husband. Knowing that your mother is offended by you deprives you of peace and brings constant anxiety into your life. A person who has insulted his parents practically puts himself in a hopeless life situation.

Severe punishment follows a person for insulting his teacher, his grandparents, as well as people who are much older than him. Insults can be neutralized by asking for forgiveness. Even if, in your opinion, your elders are to blame, you still need to ask them for forgiveness - even if not out loud, but in your mind. You need to ask a holy person for forgiveness out loud.

When a person insults his peers, you need to ask for forgiveness in your mind and, when meeting them, behave affably, as if nothing had happened. In other words, an insult equal people is considered obscenity, but the punishment for it is not as strong as for insulting saints, parents and elders.

To relieve yourself from this information, read a few insults from the poet Vladimir Vishnevsky:

— As soon as I meet you, my self-esteem grows...
- Yes, sometimes God’s humor is dark...
- Love is of course evil, but not that much.
- For your beauty! But let's not clink glasses.
“If it weren’t for you, I would have considered myself a freak.”
“I bet you were conceived on a bet!”
- Madam, where can I get so much vodka?!
- Yes, you won’t save the world with beauty...
- You take off your clothes, but I’m almost not afraid!
- It’s time to decide on the gender...
— Didn’t you scare Babayka as a child?
- Nature has had a nice rest on you!
“I would send you, but I see you’re from there.”
- I have become a supporter of abortion.
-Oh, it was a waste of time to transfer the sperm...

You are like a reproach to the torn condoms!
-I would tell you... but I really feel sorry for the beads!
- Admit it, the mirror doesn’t scare you?
-Dogs are afraid to urinate on you
-Shine a light in your ear and your eyes will light up.
-The genius in you has died. I even managed to rot...

Petr Kovalev 2014

Punishment for humiliation of honor and dignity - Article No. 130 of the Criminal Code of the Russian Federation ceased to apply in 2012.

Instead, Article 5.61 of the Code of Administrative Offenses of the Russian Federation (Code on administrative violations), sometimes Article 151 is applied Civil Code"Compensation moral labor».

In contact with

What is “personal insult”

It is among the crimes committed against honor, human dignity and freedom of the citizen.

It represents humiliation of a person, a negative assessment of a person’s work or appearance, expressed in a rude manner.

It does not matter whether the statement occurred in front of the object itself or in front of other people - the punishment will be the same.

Also, the statement should not be, that is, contain false information - in this case, the punishment will be chosen under another article.

Distinctive features crime is its intentionality (deliberateness) and indecent form of expression.

For example, it is possible to say that a citizen did his job poorly or that his new hairstyle does not suit him; this is not considered an insult. But saying the same thing in an obscene form can be classified as a crime.

What does the law say?

Until 2012, Russia had Article 130 of the Criminal Code, which provided for criminal liability for insult.

But this article was abolished, and today insult is an administrative offense with a much weaker penalty.

It is regulated by Article 5.61 of the Code of Administrative Violations. Additionally, the offender may be subject to payment of moral damages under Article 151 of the Civil Code.

At the same time, being brought under the first article is not a basis for exemption from the second, that is, if a case of humiliation has been opened against a citizen, this does not guarantee his “protection” from being subject to compensation for moral damage. It is important to know: Articles against insults remain in the Criminal Code certain categories

people - military personnel on duty, judges and other government officials, the feelings of believers.

Criminal and administrative liability for insult

• The punishment under Article 130 of the Criminal Code was expressed in:
• a fine of up to 40 thousand rubles or 180 thousand for public insult; up to 120 or 180 hours;
• compulsory work

up to 6 or 10 months of correctional labor. It is worth noting:

there were certain difficulties in attracting people under this article. It was necessary to provide direct evidence of the commission of a crime (audio and video materials, witness statements). Today, due to the abolition of criminal prosecution, punishments have become lighter. Actions are divided into personal and public insult, and the victim can additionally bring the perpetrator to compensation.

moral damage

Humiliation of facial dignity

This includes all insults expressed in private or written in a personal letter.

• The state offers only a fine as punishment:
• up to 3 thousand rubles for everyone;
• 10-30 thousand rubles for an official;

50-100 thousand rubles for a legal entity. Note: In addition, the victim may receive moral compensation , if the guilt of the accused is proven, but no exact amount

or there is no formula - it all depends on the judge. It is important to note the abuse expressed online. Until recently they were mainly classified as public, but today there is a statement. If a person wrote something rude on the victim’s personal page, it would be a simple insult. If the information is posted on news sites (official media sites), this will be public humiliation.

Public humiliation (in public, in transport, in the media, in works, etc.)

In other words, this type of insult is called public humiliation.

It is most traumatic for the psyche, honor and dignity of a person, since in addition to the victim himself, other people hear the insult.

Such a crime is punishable by a fine in the amount of:

1. Up to 5 thousand rubles for everyone.
2. 30-50 thousand rubles for an official.
3. 100-500 thousand rubles for a legal entity.
4. If it is proven that the official did nothing to prevent the spread of public insults, he will have to pay a fine of 10-30 thousand rubles.
5. If the same is proven about a legal entity, the fine will be 30-50 thousand rubles.

Worth considering: two last punishments refer specifically to inaction certain persons– fines are not added.

Composition of the crime, subjective and objective side

The crime includes:

1. 1. Object: this is the personality, honor or dignity of the citizen who has been insulted.

It is important to understand: honor and dignity are the highest humanistic values ​​of society.

1. Objective side: it is expressed in specific phrases and gestures that insult a person. They must be spoken about specific person in clear and obscene phrases - veiled insults are not a crime.
2. Subject: represents capable citizen over 16 years of age who has offended the subject.
3. Subjective side: it is the fault of the subject. Even if he expressed an insult in an agitated state and regrets it, the guilt does not become less, and the person will be punished.

What to do if you are humiliated

First of all, you need to make sure that the insult actually occurred.

It is important to remember that according to the law, only obscene expression of a negative assessment of a person’s personality is considered an insult.

Take into account: if the “culprit” used a veiled form or expressed himself allegorically, it will not be possible to attract him, but he can be punished for an offensive gesture.

Then you need to write an application to law enforcement agencies: or the prosecutor's office. It must indicate the name and details of the offender, describe the situation, without omitting important details. We should not forget about the deadlines: no more than 3 months must pass from the moment of the insult, otherwise the action will lose force.

After acceptance of the application, it will be verified and brought to administrative responsibility. After receiving a document confirming that the insult was caused, the victim can write an application for recovery of moral damages.

When is reconciliation possible?

Administrative offenses are considered by magistrates, which means reconciliation of the parties is possible only before they accept final decision.

Once the judges retire to deliberate, reconciliation becomes impossible.

However, it is best not to bring the matter to court. If you have been sued for insult, you should try to resolve the issue peacefully, among yourselves. This will not only help you avoid judicial trial, but it will also resolve the issue itself: few people want to sincerely apologize to the one who sued him and forced him to pay a fine.

Honor and dignity is considered a criminal offense in many countries, but in Russia several years ago, on the contrary, it was transferred from criminal to administrative. This has led to a weakening of punishment, which is now represented only by fines. However, citizens can seek protection from the state by collecting the necessary evidence.

Watch the video in which a specialist explains the nuances of responsibility for humiliating a person’s honor and dignity:

You may also be interested

The modern world is full of stress and negative emotions. Quite often, offensive phrases can be thrown not only by acquaintances, but also by random passers-by. There are words that can be forgiven if you calm down a little and calm down. But there is something that cannot be forgiven. Once upon a time there was Article 130 of the Criminal Code of the Russian Federation, where insulting an individual was considered a criminal act.

Unfortunately, this article no longer works. But for those who study the history of Russian criminal law and in the future want to help improve the code, it would not hurt to know the main points of the legislation.

An object

Despite the fact that Art. 130 of the Criminal Code of the Russian Federation has lost force and is no longer in effect; it would not hurt to consider its objective side.

An insult is considered an action that represents an unflattering assessment of a citizen’s personality and thereby humiliates his honor and dignity. The insult can occur either alone with the person or in the presence of strangers, as well as in absentia, that is, in writing.

In order for a particular statement to be recognized as an insult, it is necessary that the form of the words carry an indecent connotation, since such words contradict moral standards and violate the rules interpersonal communication. Therefore, through indecent treatment of a person, an illegal belittlement of his dignity and honor occurs. By the way, according to Art. 130 of the Criminal Code of the Russian Federation, it was not necessary to personally say unpleasant things to the victim; it was enough to convey everything through third parties with the condition that everything would be announced to him.

In this case, it is necessary to distinguish between insult and slander. The latter has not been proven and does not correspond to the present. While an insult may be completely true. In order to establish the fact of a crime, these differences do not play a role. It is only important to establish an impartial review of a person, which harms the dignity and hurts the honor of a person.

Types of insults

Insulting a person, Article 130 of the Criminal Code of the Russian Federation, is divided into several types:

• verbal;
• written;
• physical.

And if everything is clear with the first two forms, then the latter will be considered an insult and come under Art. 130, if the fact of spitting, slapping, single blows, indecent gestures and other offensive gestures that discredit the honor of a citizen and thereby reduce his self-esteem is recorded.

Qualification and corpus delicti

The main factor in qualifying a criminal action recognized as an insult, taking into account Article 130 of the Criminal Code of the Russian Federation, is the direction of intent. The actions of the criminal have in this case one goal - humiliation of a person's personality.

The actions of a criminal can be directed at one person or at a group of people. Main feature insults are personal. If unpleasant words were spoken to an absent person, then such a crime can be classified as hooliganism.

The elements of the crime specified in Art. 130 of the Criminal Code of the Russian Federation is considered formal. A crime is considered to have taken place at the moment when the action itself is committed, that is, obscene words are spoken to the interlocutor. If the latter is not there on time specified actions, then the crime is considered committed when authorized bodies will record the fact that third parties have transmitted offensive information to the addressee.

Subject

Article 130 of the Criminal Code of the Russian Federation, the commentary to which indicates not only the objective, but also the subjective side of the crime, regulates it as a targeted intention. On the subjective side, insult differs from hooliganism in that insult is caused by the personal hostility of the offender towards the victim, and the motive of hooliganism is more aimed at displaying mischief and disrespectful attitude towards society.

The subject of a crime involving insult may be a citizen who is recognized as sane and has reached the age of 16 years.

Is a criminal case being opened?

According to Art. 130 of the Criminal Code of the Russian Federation, law enforcement agencies can open a criminal case for insult only if the victim writes written statement. Insult is considered a crime of minor gravity, so the case may be closed due to the reconciliation of the parties and satisfaction of the requirements (if any).

How do they punish insults now?

After Article 130 of the Criminal Code of the Russian Federation lost force, the Code of Administrative Offenses Ch. became responsible for the fact of insult. 5, art. 5.61.

Now, if a person is insulted, his honor and dignity are humiliated, expressed in obscene form, this action entails an administrative fine: for an individual in the amount of 1000-3000 rubles, for a person upon execution in the amount of 10,000-30,000, for a legal entity in the amount of 50,000-100,000.

When insulting a person during a public speech, during public demonstration work or when used to insult the media, an administrative fine is imposed: for individuals in the amount of 3-5 thousand rubles, for officials in the amount of 30-50 thousand rubles, for legal entities in the amount of 100-500 thousand rubles.

If measures are not taken to ensure that insults are not allowed during public speaking and in the media, overlap administrative fines: on officials in the amount of 10,000-30,000 rubles, for legal entities in the amount of 30,000-50,000 rubles.

You can also be punished for insult civil liability. It comes in the form of an obligation to compensate injured party moral damage. Such responsibility acts both independently and in conjunction with administrative and criminal liability. This fact will depend on the requirements of the victim, the prevailing circumstances and other nuances of the case. So, for example, some articles of the Civil Code of the Russian Federation contain the right of a citizen who has been insulted to demand protection of his honor in court, as well as for public insults You can demand a public apology and a refutation of the stated facts.

Legislation today protects even those who have been insulted in in social networks. The procedure is somewhat drawn out in time, since problems usually arise with collecting evidence and finding witnesses, but nevertheless, it is possible to achieve compensation for moral damage and a public apology.