Article for insult and humiliation of human dignity. Insult in the workplace or what to do if you are insulted at work? Reconciliation between the victim and the accused

Hello Maria! Article 152 of the Civil Code of the Russian Federation provides that a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true.
The dissemination of information discrediting the honor and dignity of a citizen or organization should be understood as communicating it to any third party, or to several persons, to an indefinite circle of persons. Communication to an indefinite number of persons can be made by publishing defamatory information in the press, broadcasting on radio and television and video programs, showing it in newsreels, using other media, presenting it in job descriptions and other documents emanating from organizations, in public speeches, statements and complaints. , addressed to officials, or messages in another, including oral, form to several or at least one person.
Thus, when considering claims for the protection of honor and dignity, the court must establish:
whether the information disputed by the plaintiff was disseminated;
whether they discredit the honor and dignity of the plaintiff;
whether they correspond to reality.
The limitation period does not apply to claims for the protection of honor, dignity and business reputation (Article 208 of the Civil Code).
The burden of proof in defamation cases is distributed between the plaintiff and the defendant. The defendant must convince the court that the information he has disseminated is true. The plaintiff is required to prove only the fact that the defendant disseminated information discrediting the plaintiff. He also has the right to present evidence that the disseminated information is untrue.
Moral damage caused to the plaintiff is compensated in accordance with Art. 151 and 1101 of the Civil Code in the form of monetary compensation. When determining the amount of compensation for moral damage, the degree of guilt of the offender is taken into account in cases where guilt is the basis for compensation for damage, and other circumstances worthy of attention. The court must also take into account the nature and degree of physical and moral suffering associated with the individual characteristics of the person who suffered harm, the requirements of reasonableness and justice. The nature of physical and moral suffering is assessed by the court, taking into account the actual circumstances in which moral harm was caused and the individual characteristics of the victim.
To draw up a statement of claim, I would still advise you to contact a lawyer in person. To the claim, you will need to attach printed screenshots from Internet pages containing insults, as well as a printout of the front page on the defendant’s social network with a photo (to make it clear that she is writing), you may need to apply for a computer to be brought into the courthouse and view your pages on a social network at a court hearing. If you ask for moral damages, it would be good to prove that too.
The law also provides for criminal prosecution in this case.
Slander is the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation (Article 129 of the Criminal Code of the Russian Federation).
Insult is a humiliation of the honor and dignity of another person, expressed in an indecent form (Article 130 of the Criminal Code of the Russian Federation).
Before we make a charge of libel against a specific person, we must remember that libel involves:
First, information about you must be disseminated. The concept of dissemination of information includes publication of information in the press, broadcast on radio and television, demonstration in newsreels and other media, dissemination on the Internet, as well as using other means of telecommunications, presentation in job descriptions, public speeches, statements , addressed to officials, or a message in one form or another, including oral, to at least one person.
So, at a minimum, distribution implies that your abuser must have communicated information about you to at least one third party - for example, distribution would be the transfer of relevant information at a meeting, at a corporate party, or even in the presence of one secretary. If statements were made one on one, then this is not considered distribution.
Secondly, the information about you must be false and not true. Those. the words of the offender contain statements about facts and events with your participation or related to you, but which did not take place in reality. For example, that last week you stole several kilograms of nails from production, taking advantage of your friendship with the head of the security service, you carried them through the entrance and now successfully use them in the construction of your house in the village.
Thirdly, the person spreading false information initially knows that this information is not supported by any evidence or, on the contrary, is refuted by specific documents. Knowingly false information is a mandatory sign of slander. But it should be remembered that a person can be mistaken in good faith and be absolutely sure that he is disseminating true information.
Fourthly, the disseminated information must be of a character that discredits honor and dignity or undermines reputation. Defamatory statements are those containing statements about a person violating the current legislation, committing a dishonest act, incorrect, unethical behavior in personal or public life, dishonesty in the implementation of production, economic, entrepreneurial activities, violation of business ethics or business customs.
When we talk about insult, we mean the following:
firstly, unlike slander, the dissemination of offensive information is not necessary, that is, there is no need to provide evidence that information about you was disseminated;
secondly, humiliation of honor and dignity (but not reputation) is expressed in an indecent form. Humiliation of honor and dignity is an evaluative and moral category that implies a negative assessment of a person, discrediting him in the eyes of others, and undermining his moral prestige.
thirdly, insult can be both in the form of a statement and in the form of actions. Not to mention physical pressure on an employee, the actions of a boss who “in a fit of anger” threw a notebook, pen, or other object at an employee, or during an “educational conversation” threw documents or folders at your feet, can be considered humiliating. that you must collect them. Acts related to sexual harassment in the workplace are also offensive.
1. Initiating the process of bringing a specific individual to criminal liability is not a difficult matter. It is much more difficult to provide the court with evidence of slander or insult, and you will have to provide this evidence, since you are the party supporting the accusation of a person committing a crime.
2. Remember that when submitting an application, the magistrate will, firstly, warn you against receipt of criminal liability for knowingly false denunciation, and secondly, warn you as a victim of criminal liability for refusing to testify or for evading testifying.
3. An application to initiate a criminal case of private prosecution is filed at the place where the crime was committed. If we are talking about situations where insult or slander took place at work, then you should contact the magistrate on whose territory the organization in which you work is located and where the crime was committed. in your case, at your place of residence.
What information must be contained in an application for acceptance of a private prosecution case?
name of the court to which the application is filed;
description of the crime event, place, time, as well as the circumstances of its commission;
a request addressed to the court to accept the criminal case for proceedings;
information about the victim, as well as identity documents;
information about the person brought to criminal liability;
a list of witnesses who need to be called to court;
signature of the person submitting it.

You can encounter insults in public places, at school, at work, and even among friends. If the conflict cannot be resolved peacefully, you can contact law enforcement agencies. Responsibility for insults and threats is determined in accordance with the Administrative Code. However, it will be necessary to prove the fact of the violation and determine the accompanying circumstances.

What liability is provided for insults and threats?

No citizen has the right to insult a person, even if there is some truth in his words. Moreover, you should not threaten a person, for example, with violence, if you do not want problems with the law. There is a penalty for these offenses and it depends on the situation.

What awaits a person:

1. Insult in personal communication that has become public knowledge: a fine of up to 3,000 rubles for an individual, and for legal entities - up to 100,000 rubles.
2. If you decide to insult a person in a printed publication, electronic media, on TV or during a speech in front of the public - a fine of up to 5,000 rubles, and for legal entities - up to 500,000 rubles.
3. Criminal liability will arise for insulting government officials - a fine of up to 40,000 rubles or correctional labor for up to 12 months.
4. If physical force was used during the insult, for example, a blow - compensation for the damage caused up to 50,000 rubles or imprisonment for up to 1 year.
5. Threats that lead to suicide - arrest for up to 7 years.

Violators will be punished depending on their position, as well as the incident itself and its consequences. Please note that arrests for threats occur in very rare cases. If a citizen was simply insulted, then the offender can be punished under Article 5.61 of the Code of Administrative Offenses of the Russian Federation. That is, an administrative fine will be imposed for the crime.

Punishment of the accused under Article 319 of the Criminal Code of the Russian Federation is possible only if the violation was directed against government officials. Military personnel also face serious punishment. They are convicted under Article 336 of the Criminal Code of the Russian Federation.

What should the victim do?

If you have been severely insulted, you should not turn a blind eye to it and ignore the situation that has occurred. It is even more necessary to act if threats and humiliation occurred repeatedly. When a person knows exactly who the offender is, he can be held accountable. It does not matter whether the insults were received in real life or via SMS, or on the Internet.

Many people want to avoid litigation because they do not want to waste their time on it. In this case, you can try to resolve the issue peacefully. Perhaps a personal conversation with the offender will help, following which he will apologize or at least stop humiliating. If he does not want to respond adequately, then it is worth saying that next time you will go to court.

Important! There are situations when simple conversations are not enough to solve the problem. Then we can recommend collecting evidence, because without it it will not be possible to bring the offender to justice.

It will be useful to record the conversation on a voice recorder or take a video. You can also make copies of correspondence and messages that contain insults. When humiliation occurred through the media, you will need to keep the publication that violates human rights.

After this, you can actively act and defend your rights through authorized bodies. You should be prepared for the fact that you will have to prove that you are right. If everything goes as expected, it will be possible not only to stop the abuse from the offender, but also to receive compensation for the damage.

How to force the offender to respond

You should not stoop to insults or other illegal measures to correct the situation. If you really want to punish the culprit, then you should stock up on evidence and go to court. You can also contact the police or prosecutor's office to stand up for yourself.

In addition to the application, the person will need to provide evidence of the crime committed. It will also be useful to enlist the support of witnesses, of whom there should be at least two. The main thing is to prove that the offender is really guilty, and then the court will force him to pay an administrative fine.

Along with the threat claim, you can submit a statement requesting compensation for moral damages. The offender must pay it for his actions. The specific amount is determined by the court depending on the situation, but the victim can express his wishes in this regard.

Both in Russia and in Ukraine and other countries, citizens are carefully protected. Therefore, if you have had to face threats, you should not take them for granted. If there is no mutual understanding between both parties, the victim can go to the police or court. Further, his interests will be represented by the relevant body.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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Often, the personality of those who engage in this form of communication begins to degrade, and the language of insults becomes a familiar form of resolving any issue.

Concept. What article?

Many users of social networks, distinguished by rich life experience, suggest that insult on the Internet, or on social networks, if its addressee is discovered, criminal liability may be imposed. But young and careless people often do not think about and do not assume that communication, no matter in what form it is expressed, can be punished. In fact the situation is as follows:

1. The previously in force Article 130 of the Criminal Code of the Russian Federation, which imposes criminal penalties for offensive expressions, is outdated.
2. Punishment for unregulated obscene language and other indecent actions towards the victim are punishable.
3. Punishment for them is charged under article 5.61 of the Code of Administrative Offenses of the Russian Federation for insulting on the Internet.

Such actions that may qualify as an offense include insults in personal correspondence.

Particularly common are public forms of insults, which can be:

1. Indecent or obscene text addressed to the victim.
2. Offensively compromising photo and video content.
3. Insults via the Internet on forums, in comments, etc.

That is, according to the criterion - offensive text should be made publicly available where other users can view it.

What to do if you are insulted on the Internet?

First of all, it is necessary to determine that the text corresponds to the signs of an insult and it directly states that it is addressed to a person who admitted that he was insulted. Identify the criteria for indecent text that will be required to write a statement.

Copy a screenshot from the screen where it is determined that the indecent information is addressed specifically to you and that it accurately reflects your personal data (one last name is not enough) as a target for insult.

Identify the person who made this entry publicly available. As proof of guilt, proof that a specific citizen created an obscene text in his account will be required. This requires a third party who can confirm how the culprit typed the text or posted the content. At the same time, he must be sure that it was precisely this material that offended the victim.

Can you be held accountable?

If you can prove the guilt of the person who insulted you, you will have the opportunity to file an application with the prosecutor’s office on the basis of proven guilt.

If you have the intention to punish the offender and collect moral damages, you need to file a lawsuit in the magistrate's court.

To do this, you need to contact the police with the evidence provided and seek their transfer to the court. As part of this process, you need to write to the magistrate, to whom the case materials will be transferred, a claim for the recovery of a specified amount of money for moral damage.

For example, a school director, against whom an initiator from among high school students or school graduates committed an offense, the case can be taken to court. It will be initiated by an official:

1. If the perpetrator has reached the age of 16 years.
2. If his guilt is fully proven and there is indisputable evidence regarding this.
3. Subject to preliminary work with the perpetrator as part of the pre-trial settlement procedure.

However, such requests are extremely rare, since they are regulated by many conventions. Even rarer is the recognition of such claims by the court.

All users of the Internet resource need to understand that, if necessary, law enforcement agencies will always be able to find out personal information about the offender of communications on social networks.

So it’s not safe to risk your own name, which could be tarnished by a loud scandal. Before you insult or slander a person on social networks, think about the consequences that can lead to big trouble.

Punishment and responsibility

If people who used indecent terms towards other users or posted content of similar content were held accountable, the form of communication would not be so accessible and relaxed.

Freedom of speech comes at a price. In this case, the fee can be expressed in the form administrative fine in the amount of 1 to 3 thousand rubles. This punishment for insulting a person on the Internet is intended for users - civilians communicating with each other.

However, you need to know what kind of offensive expressions are addressed to:

• military man;
• official

may be subject to criminal liability. It is provided for in Part 2 of Art. 130 of the Criminal Code of the Russian Federation, retaining its relevance in this part. For such an offense, serious penalties can be imposed, and even a prison term of up to 1 year.

Useful video

You can find out other small nuances and details below:

No matter how tempting it may be to insult a person you have a personal dislike for, it is worth stopping and thinking about whether this is worth the risk to which I am exposing my financial, moral, and in some cases, physical freedom.

And if you are insulted, decide for yourself whether you will follow the path of seeking justice to the end or simply ask the administration to remove the insult.

In everyday life, the honor or dignity of a person can often be insulted. In such a situation, it is necessary to find out how to hold the perpetrator accountable for insult. This act can be expressed in slander, public humiliation or other actions.

Is it possible to be held accountable for insult?

According to the law that was in force until 2010, it was possible to be held accountable for insult on the basis of the Criminal Code. After this date, adjustments were made to the acts, after which the composition of the act in question was classified as administrative. This change, on the one hand, led to a decline in the number of persons brought to criminal punishment, on the other hand, the number of offenses directed against the individual increased.

Bringing the offender to administrative liability is not as severe as compared to criminal liability. Punishment is provided for in Article 5.61 of the Code of Administrative Offenses of the Russian Federation. The legislator indicates that after bringing a person to justice, a claim can be filed, on the basis of which the victim will be compensated for moral damage.

In accordance with this norm, the concept of “insult” includes humiliation of the honor or dignity of a person, which is expressed in an indecent form. This could be a word, a gesture, etc.

Important! In the case where the insult is committed with slander, that is, the dissemination of information that does not coincide with reality, none of these offenses is included in the other and remains an independent offense.

Procedure

You can punish a person for insulting a person if you follow certain rules:

1. During the commission of an offense, the victim needs to behave calmly, without reacting similarly to the attacks of the offender. Under no circumstances should you use physical force against the perpetrator, otherwise criminal proceedings may be initiated against you.
2. If there are witnesses to the incident, you need to ask whether any of them recorded it on video or audio equipment. In any case, it is necessary to take their contact information in order to be able to use their testimony as evidence in the future.
3. Whenever possible, you need to independently use technical means to record the offense. You can turn on the voice recorder or camera on your phone.
4. If you are insulted by posting information on the Internet, you must inspect the site in the presence of a notary, otherwise it cannot be considered evidence.
5. A statement regarding the fact in question must be submitted to the prosecutor's office. This is due to the fact that administrative proceedings for this category of cases are initiated by the prosecutor's office.
6. The appeal is drawn up in any form. If necessary, you can ask for advice from the employee who will receive the document.

The evidence you have must be attached to thephenomenon. When the prosecutor considers the complaint, the materials will be transferred to the judicial authority to impose punishment on the perpetrator.

When can an issue be resolved peacefully?

Not in all situations the victim strives to punish the perpetrator; sometimes it is enough to apologize. This will be much easier for the perpetrator and will free him from liability, since the case will not be brought to trial.

In order to find out how the victim feels about bringing the attacker to punishment, the only sure option for the latter is to make personal contact. If the victim does not want to communicate with you, then it is better not to aggravate the situation and wait for the outcome of the case in court.

What is the punishment for the offender?

Punishment of the perpetrator in accordance with administrative legislation will not be so severe. Punishment is expressed in a fine, the amount of which depends on the category of the subject, including:

• if committed by a citizen, he will be fined up to three thousand rubles;
• officials - up to fifty thousand rubles;
• companies or organizations will be forced to pay a fine of five hundred thousand rubles.

It is worth noting that for each category there is a minimum amount that can be recovered; it is equal to 1, 30 and 100 thousand rubles, respectively.

Despite the fact that insult is an administrative offense, under certain circumstances it can be qualified as a crime, the punishment for which is established by the Criminal Code of the Russian Federation. Such circumstances may include the fact that the person is a police officer or holds a position of government representative. The act is provided for in Article 319 of the criminal law. In this situation, it is necessary that the public be present when the act is committed, otherwise there will be no crime.

According to criminal law, insulting a person who belongs to the category of military personnel is also punishable. The subject of the act is another military man or their leader.

Legislative norms of Ukraine, Kazakhstan, Belarus and other countries also provide for negative consequences for persons who have insulted the honor and dignity of another person.

How to protect yourself from insults

In a situation where your honor, dignity or good name has been insulted, you can contact law enforcement agencies, where they will assist you in protecting your rights. You can contact either the prosecutor’s office or directly the court. In the second case, the appeal most often occurs when the victim demands compensation for moral harm caused to him.

Updated 07/03/2019

Lawyer, total work experience - more than 5 years. Experience gained in advising citizens on civil matters; conducting cases in courts; in the development of claims, statements of claim, etc.

Reviewer:

Total experience as a lawyer is more than 20 years, experience in private legal practice is more than 18 years. He has accumulated extensive experience in handling cases of legal entities and civil persons in courts of general jurisdiction and Arbitration.

2017-03-05T16:21:35+03:00

Article for insulting a person. What punishment awaits for rude words addressed to another person. What fines are expected for insults, what is the responsibility. What is the penalty for insults on the Internet and social networks?

Insult to a person is a rather individual concept. What is normal for one person, another will perceive as a humiliation of his dignity. However, Russian legislation has an article for insulting a person, thanks to which people must be careful in their words. What punishment awaits for rude words addressed to another person? In some cases, the punishment can be very severe, even criminal time. What is the punishment for insulting a person on the Internet?

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Article for insulting a person

Criminal penalties are faced only in the following cases; if the injured person is a military man or another government official. But criminal liability arises only if the offense is related to the profession of the victim.

Which ? All issues related to insults to a person are regulated under 3 articles, depending on the situation and status of the injured person:

1. The Criminal Code of the Russian Federation provides for cases of public insult while a government official is in office.
2. The Criminal Code of the Russian Federation regulates relations between military personnel and provides penalties for offensive statements addressed to a particular person.
3. Article 5.61 of the Code of Administrative Offenses of the Russian Federation presents the corresponding administrative responsibility in other cases.

What words are considered by law to be an insult?

If the victim is a representative of the authorities, then criminal liability, as mentioned above, also threatens for causing offense. As for, here the criminal code protects all citizens of our country, regardless of the field of activity, there is a separate one.

Threats and their consequences

Also, the criminal code is intolerant of threats. The intimidating party falls under Articles 119, 318 (339) of the Criminal Code of the Russian Federation if there was an insult and threats to the individual. If there were only threats, then the violator will only fall under the Criminal Code of the Russian Federation.

Important

Article 119 applies only when there is a threat of physical harm - murder or serious bodily harm.

Insults and responsibility

But what kind of liability is provided for insult if there was no slander or intimidation against the victim?

According to the new law, insult to personality includes three parts:

1. The insult itself;
2. Infliction of public insult;
3. Inaction when publicly insulted.

Naturally, the transformation of a crime into an offense upsets people who are faced with a boorish attitude towards them.

Fact

For insult, the court may oblige the guilty party to pay a fine in the amount of: for an individual - 3,000 rubles; for a person performing official duties - 30,000 rubles; for a legal entity up to 100,000 rubles.

By the way, if you are insulted by a drunk stranger, then it can add to everything in a public place.

If you were insulted at work

In practice, it has long been known that the majority of violations related to insult occur in the workplace. The moral climate in the team and the overall relationship between work colleagues and superiors play a role here. The court in this case will initially determine the place of work of the injured party and interpret the punishment for the crime depending on the specific application of one of the three articles of the law presented above.

1. If the grounds for insulting one person by another occurred between military personnel on duty, then the punishment will be applied on the basis of Article 336 of the Criminal Code of the Russian Federation. According to it, if one serviceman insults another, punishment is provided in the form of a restriction on military service for 6 months or sending to a disciplinary military unit for the same period. If this act was committed by a subordinate against his immediate superior, then the above measures will be increased to 1 year.
2. In cases where the insult concerned a representative of the authorities during execution. For example, if a person insulted a bailiff. A fine of up to 40,000 rubles (or deprivation of income for 3 months) may be imposed on the violator. In some cases, compulsory labor of up to 360 hours and correctional labor for 1 year are permitted.
3. Any other cases will be regulated by Article 5.61 “For insult” of the Code of Administrative Offenses of the Russian Federation. The culprit in this case may receive a fine: for citizens from 1000-3000 rubles, for officials from 10,000-30,000 rubles, in the case of legal entities from 50,000-100,000 rubles.

If you were insulted in public

It will be useful to find out if your neighbors are very noisy and do not respond to requests for silence.

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