What the law says (Article 319 of the Criminal Code of the Russian Federation)
Being a legislative act, the Criminal Code is based on basic constitutional principles and norms of international law.
Criminal legislation is designed to:
- stop criminal attacks on the honor and dignity of citizens;
- ensure the protection of human rights and freedoms as an individual, public order, and state system;
- prevent crimes.
Guided by the norms established by the Criminal Code, the following is determined:
- the degree of danger to the individual, society, and state of the unlawful acts committed;
- measures of criminal liability.
The system of government bodies consists of a combination of: federal (nationwide), regional (acting in the constituent entities) bodies, and municipalities.
Public administration is carried out by legislative, executive and judicial bodies.
Since Article 319 of the Criminal Code does not focus on representatives of any specific management structures, for example, insulting police officers while performing their official duties, we will figure out when they can be charged with a criminal offense.
When insulting representatives of any branch of government during the performance of their duties (perhaps this concerns activities), one should remember the inevitability of consequences (Article 319 of the Criminal Code).
- An insult to deputies as representatives of the legislative branch, adopting legal and regulatory acts, authorized to control the activities of executive bodies, will be regarded within the framework of Art. 319 of the Criminal Code of the Russian Federation.
- Criminal penalties are provided for offensive actions involving representatives of the executive branch.
This includes, starting from the President, the Government of the country and the State Duma, ministries and departments, the governments of regions, republics, territories, cities of republican significance to other local government apparatus.
- Despite the separate measures of criminal prosecution in case of disrespectful attitude towards persons who perform the functions of justice, insult of judges and prosecutors can also be stopped, guided by the Criminal Code of the Russian Federation, Art. 319.
They can be held accountable not only for making personal statements in an unflattering manner, using profanity to a government official, but also for:
- public insult;
- calls to action that may pose a public danger.
Is insulting a traffic cop a crime?
Very often, those involved in cases of insulting police officers are motorists who are faced with the not always adequate behavior of representatives of the state traffic police.
At the same time, you must always remember that insulting a traffic cop who stopped your car is also a crime for which criminal liability is provided. Whatever your indignation, we advise you not to give free rein to your emotions: a traffic cop is a full-fledged employee of the police (police agencies), and if you insult him, punishment will not be long in coming.
Of course, you can express your dissatisfaction or disagreement with the opinion of the traffic police representative, but this must be done without obscene language, incorrect comparisons or offensive gestures.
It would also be useful to remind you that you have the right not to sign the protocol and can conduct video filming (or audio recording): actions are more effective and do not entail criminal penalties.
Objective component of the crime
In order to be held accountable, the guilt of the accused in the criminal act must be proven.
A public insult to a representative of any level of government is a crime committed.
The objective component includes:
- awareness of what is happening and the desire to achieve a certain goal by insults;
- publicity.
You can achieve criminal prosecution based on Art. 319 of the Criminal Code of the Russian Federation, if the showdown expressed in a verbal altercation is not related to personal hostile relationships.
Punishment for insults affecting the honor of a public servant is inevitable only when it occurs in public. Publicity can be expressed:
- the presence of witnesses who are not related to this state government system;
- publication of defamatory materials through the media, including social networks;
- speaking in front of an audience at public events;
- distribution of propaganda leaflets, posters;
- and so on.
The objectivity of a criminal act implies the deliberate desire of the perpetrators to convey to the public defamatory information about a specific person, as a representative of government agencies.
There is no need to confuse the right to reasonably criticize the activities (or inaction) of individual government bodies and their specific representatives.
It is important not to cross the boundaries of what is permitted when expressing personal opinions and value judgments about the professionalism of officials. Insults aimed at undermining the authority of government structures are unacceptable and punishable.
Mitigating and aggravating circumstances
The court's verdict may be influenced by both mitigating and aggravating circumstances.
Emollients include:
- if an offense of this classification is committed by a citizen for the first time;
- if the insult was made by the accused in response to the misconduct of the police officer.
Aggravating circumstances:
- committing an offense while intoxicated;
- insulting for the purpose of entertainment, without reason or motivation.
Subjectivity of illegal actions
The subjectivity of committed criminal acts in criminal law is understood as:
- awareness of the current reality and one’s actions;
- motives, goals pursued.
Thus, the objectivity of illegal actions is expressed externally - when there are witnesses to obscene, insulting statements addressed to persons occupying certain positions in government structures.
Subjectivity is the inner essence of the deed.
The punishment is chosen individually, taking into account that:
- sometimes, in the heat of the moment, careless expressions are made that are incriminated as an insult when officials are performing their official duties in public;
- there was premeditation in what was done.
Thus, if there is a direct (or indirect) intent to cause moral suffering by insult to a person holding positions in government structures, the perpetrator:
- can think through a plan of action in advance or implement one that suddenly arises;
- addresses his expressions to a specific person;
- realizes (or foresees) the social danger of the consequences (consciously allows them to occur).
Object of crime
One of the components of the crime is its object, that is, an official of the authorities, by humiliating the honor and dignity of whom publicly, the perpetrator seeks to undermine the authority of the state structure.
At the same time, in fact, the representative of the government who has suffered from obscene expressions and offensive actions is the subject of achieving the criminal intentions of the perpetrator - to discredit the activities of the state apparatus.
Who is recognized as the subject of the crime?
A person who has committed a crime (it does not matter whether he is a man or a woman) and is declared sane, bears criminal liability starting from the day after he reaches 16 years of age.
The legislator is guided by the following criteria when a personality is considered mature:
- a person, when insulting or committing other illegal actions, does so consciously;
- trying to humiliate, hurt with words (or actions) the honor and dignity of government officials, they can evaluate how such behavior is interconnected with public opinion, and take into account the possible consequences;
- when an individual can deliberately choose the style of his behavior, make decisions about actions;
- there is awareness of the social essence of the actions performed.
From a legal point of view, the subject of a crime may not be brought to criminal responsibility if at the time of committing criminal acts the person was insane (did not realize what was happening) due to psychological disorders (exacerbation of chronic diseases, temporary disorder, dementia, etc.).
Only the medical criterion for recognizing insanity can influence the release from responsibility for a crime when it is proven that a person suffering from certain types of diseases does not regulate behavior and is deprived of the ability to understand his actions and their consequences.
The insanity of behavior of a person guilty of a crime who is intoxicated or under the influence of narcotic or other psychotropic substances is defined as a stimulus for the manifestation of intentions to offend officials and employees of government bodies in the performance of their official duties.
The end of the crime
Criminal actions can only be planned and remain unrealized at the stage of preparation for the implementation of the plan.
After completion of statements or other actions (for example, a slap), the crime is considered accomplished.
It makes sense to file a claim for recognition of guilty actions in court if:
- the verbal tirade, which turned into abuse, occurred during the performance of official (official) duties (or it was about the work of the structure);
- at least one stranger was present during the conflict;
- the accused purposefully disseminated offensive information about the victim in order to undermine personal authority and cause distrust in the work of the structure.
The subject of the crime and the subjective side
Subject - a person who has committed an illegal act. Punishment for the crime in question can be imposed on a citizen upon reaching 16 years of age. A mandatory requirement is the sanity of the perpetrator.
The subjective side reveals the offender’s attitude towards his own behavior. In order for a case to be initiated under the Criminal Code of the Russian Federation, the actions of the culprit must be intentional. The offender must pursue a specific goal - to insult a representative of the administrative apparatus precisely in connection with his activities.
Another prerequisite is the awareness of the illegality of the act and the understanding that the completion of the crime may be followed by appropriate punitive sanctions.
What awaits the violator?
When deciding on penalties, the court takes into account the totality of all components of the criminal act, the identity of the perpetrator, and the consequences.
Statements discrediting government officials, aimed at creating citizens' distrust of the state governance structure, are subject to criminal liability.
In addition to penalties, those convicted may well have to perform enforcement work.
Signs of abuse
Insult in this case is classified as a negative assessment of a person, which entails humiliation of the honor and dignity of the individual and undermines the respect for the victim of both other persons and his respect for himself.
It is also expressed in behavior that deviates from generally accepted moral norms. A crime can be expressed verbally, in writing or by action.
An important aspect is the presence of at least one outsider who does not belong to the same authority as the victim. Only under this condition can an insult be considered public.
A crime is considered committed at the moment it is inflicted on the victim, or at the moment when the victim learns about the insult from third parties.
At the same time, it is necessary to distinguish the elements of the crime under the articles “Insulting a representative of authority” and “Hooliganism”.
In the second case, the harm is caused to society as a whole; there may be no specific victim. Article 319 covers only actions committed against a specific government representative.
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Responsibility
The punishment is a fine of 40 thousand rubles. or in the amount of the total income of the convicted person for a period of up to three months, or compulsory work for a period of up to 360 hours, or correctional work for a period of up to 1 year.
Mitigating circumstances may be: awareness of guilt, remorse for what they have done, family circumstances, lack of prior criminal record, etc.
Aggravating circumstances are the presence of the convicted person under the influence of alcohol or drugs at the time of committing the crime, an existing criminal record, in particular under Article 319, additional criminal acts or attempts to commit such, simultaneously with insult.
Thus, there is no separate article “Insulting the President” in the legislation of the Russian Federation. This offense is most often interpreted as “Insulting a representative of authority.”
For such actions in Russia there is criminal liability; the fate of the offender will be determined by the court at the request of the injured party. Liability is determined by the Criminal Code of the Russian Federation.
The most correct thing for a worthy citizen of the Russian Federation would be to refrain from harsh statements towards government bodies and, in particular, the President of the Russian Federation.
