Art. 130 of the Criminal Code. Personal insult
The modern world is full of stress and negative emotions. Quite often offensive phrases can be thrown not only by acquaintances, but also by passersby. There are some words that can be forgiven, calming down a bit and relieving the fervor. But there is something that can not be forgiven. Once upon a time there was article 130 of the Criminal Code of the Russian Federation, where an insult of an individual was considered as a criminal offense.
Unfortunately, now this article no longer works. But those who study the history of Russian criminal law and in the future want to help improve the code will not hurt to know the main points of the law.
Despite the fact that Art. 130 of the Criminal Code of the Russian Federation has become invalid and is no longer valid, it does not hurt to consider its objective side.
An insult is an action that is an unflattering assessment of a citizen’s personality and thereby degrades his honor and dignity. An insult can occur either alone with a person or in the presence of unauthorized people, as well as in absentia, that is, in writing.
In order for a statement to be recognized as an insult, it is necessary that the form of the words carry an indecent tone, since such words contradict moral norms and violate the rules of interpersonal communication. Therefore, through indecent treatment of a person, an unlawful degradation 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 speak unfavorable things to the victim, it was enough to transfer everything through third parties with the condition that everything would be announced to him.
At the same time it is necessary to distinguish between insult and slander. The latter is not proven and does not correspond to the present. While the insult can fully correspond to reality. In order to establish the fact of a crime, these differences do not play a role. It is only important to establish a disagreeable opinion about a person that harms dignity and hurts a person’s honor.
Types of insults
Personal insult article 130 of the Criminal Code of the Russian Federation is divided into several types:
And if everything is clear with the first two forms, the latter will be considered an insult and fit under Art. 130, if the fact of spitting, slapping, single blows,indecent gestures and other offensive gestures, discrediting the honor of a citizen and thereby reducing his self-esteem.
Qualification and corpus delicti
The main factor in the qualification of a criminal offense recognized as an insult, taking into account Article 130 of the Criminal Code of the Russian Federation, is the intentionality. The actions of the offender have in this case one goal - the humiliation of the person’s identity.
The actions of the offender can be directed both to one person and to a group of individuals. The main feature of the insult is personal addressing. If unflattering words were spoken to an absent person, then such a crime may be qualified as hooliganism.
The corpus delicti specified in art. 130 of the Criminal Code, is considered formal. The crime is considered to have taken place at the moment when the act itself was committed, that is, obscene words were addressed to the interlocutor. If the latter is not present during these actions, the crime is considered to be committed when the authorized bodies record the fact that third parties have transmitted offensive information to the addressee.
Article 130 of the Criminal Code of the Russian Federation, the commentary on which points not only to the objective, but also to the subjective side of the crime, regulates it as a purposeful intention. On the subjective side, an insult is different from hooliganism in that the insult is caused by the offender’s personal hostile attitude towards the victim, and the motive of hooliganism is more directed at the manifestation of mischief and disrespect towards society.
The subject of an offense can be a citizen who is recognized as sane and has reached the age of 16 years.
Is a criminal case initiated?
According to Art. 130 of the Criminal Code of the Russian Federation, law enforcement agencies may initiate a criminal case on the fact of insult only if the victim writes a written statement. Insult is considered a minor offense, therefore, the case may be closed due to reconciliation of the parties and satisfaction of the requirements (if any).
How now punished for insulting
After Article 130 of the Criminal Code of the Russian Federation was no longer valid, the Administrative Code of Ch. 5, Art. 5.61.
Now, when insulting a person, humiliating his honor and dignity, expressed in obscene form,this action entails an administrative fine: for an individual in the amount of 1000-3000 rubles, for a person in the performance 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 a public demonstration of the work or when using media to insult the administrative penalty: 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 100-500 thousand rubles.
In case of failure to take measures to prevent insults during public speeches and in the media, administrative fines are imposed: on officials in the amount of 10,000–30,000 rubles, on legal entities in the amount of 30,000–50,000 rubles.
Also for insult you can incur civil liability. It comes as an obligation to compensate the injured party for moral damage. Such responsibility acts both independently and together with administrative and criminal liability. This fact will depend on the requirements of the victim, the prevailing circumstances and other nuances of the initiated case.So, for example, some articles of the Civil Code of the Russian Federation contain the right of a citizen who was insulted, to demand protection of his honor in court, and for public insults you can demand a public apology and a refutation of the facts expressed.
Legislation today protects even those who were insulted in social networks. The procedure is somewhat delayed in time, as there are usually problems with collecting evidence and searching for witnesses, but nonetheless it is possible to achieve compensation for moral damage and a public apology.