In life, it does not happen that absolutely all citizens of the country are satisfied with the current government.
Russia is a democratic country in which every person, by virtue of the rights granted to him by the Constitution of the Russian Federation, has the opportunity to express his thoughts and positions, even if they relate to government officials.
There is nothing wrong with such actions as long as the statements do not escalate into public insults. The president of the country receives the greatest amount of criticism from citizens.
Insulting the president (Article 319 of the Criminal Code of the Russian Federation) has the official name “Insulting a representative of government” and applies not only to statements addressed to the head of the country, but also to insults of ministers, officials, and law enforcement officials.
Law on insulting the President of the Russian Federation
There is no separate law in the country regulating negative statements about the current president. Prosecution for public insults is based on the norm of Article 319 of the Criminal Code of the Russian Federation.
The absence of a special legislative act is due to the fact that the president of the country is essentially the same citizen as all other people, with the only exception that he is a representative of the government. He has no special privileges before the law.
The introduction of such a law could cause a number of criticism from citizens. However, attempts to publish it still exist.
Thus, in 2016, deputy Roman Khudyakov raised the issue of introducing a new bill for consideration by the Duma that would protect the president from insults.
He was prompted to make such a decision by watching videos on the Internet, where every user calmly and with impunity makes unpleasant statements about the head of state.
In the USSR, since 1990, the law “On the Protection of the Honor and Dignity of the President of the USSR” has been in force.
The main idea of the bill is that criminal liability should arise for criticism not just of the personality of the president himself, but of the institution of the presidency in the country.
By the way, in the Soviet Union, offenders faced punishment of up to 6 years in prison for offensive statements.
Even in particularly democratic countries, such as the United States, severe penalties are provided for insulting the personality of the president. In Germany and Poland, perpetrators can receive up to 6 years in prison for such a crime.
In addition, in many European countries such liability is imposed not only for insulting the personality of the head of state, but also for desecrating state symbols.
The bill has not yet been approved or accepted for consideration by the Duma.
Content
- 1 EAEU countries 1.1 Russia
- 1.2 Belarus
- 1.3 Kazakhstan
- 2.1 Azerbaijan
What is considered an insult to the president?
Even if you are not happy with the actions of the country's president, it is better to remain silent about it. Of course, if you discuss the current head of state in the kitchen with your family, you will not face criminal liability. It's another matter if this crime is committed in public.
In order for the deed to be correctly qualified according to Art. 319 of the Criminal Code of the Russian Federation, it is necessary that the following signs are present in it:
- Public form of execution (in the presence of third parties, using the media or via the Internet);
- The insult relates to the performance of the professional or official duties of the President;
- An insult undermines the authority of the head of state and disrupts his normal activities.
Crime under Art. 319 of the Criminal Code of the Russian Federation should be distinguished from similar acts under Art. 213 “Hooliganism”, 297 “Contempt of court”, 318 “Use of violence against a representative of authority”, 336 “Insult of a military personnel” of the Criminal Code of the Russian Federation and Art. 20.1 Code of Administrative Offenses of the Russian Federation “Petty hooliganism”.
Corpus delicti
Criminal liability for insulting the President of the Russian Federation occurs only if there is a full complement of the criminal act.
Insulting the honor and dignity of the President of the Russian Federation, in addition to publicity, must have the following characteristics of a crime:
- The object of the crime is a public danger that arises as a response to disruption of the work of the president and undermining his authority in society. These actions can lead to increased opposition, strikes and conflicts based on political beliefs.
- The objective side of what was done is a direct insult to the president. Insult involves the dissemination of information in an indecent form that degrades the honor and dignity of a government official. Publicity can be achieved through the use of various publications, leaflets, brochures, and through public speeches on the streets in front of a spontaneous audience.
- The subject of a crime who may bear criminal liability may be a sane person over the age of 16 years.
- The subjective side manifests itself in direct intent. This offense is committed deliberately with the aim of undermining authority and creating chaos.
The crime is considered completed at the moment of uttering words of an offensive nature towards the president of the country.
Corpus delicti
The objective side is social relations, where it is impossible to use destructive forms of communication. Because this can lead to a rupture in the system.
Objective characteristics - uncivil phrases that were directed at the president should be addressed specifically to the head of state personally.
The subject is a legally capable citizen who is over 16 years old;
The subjective side is the motives for the offense, direct intent, guilt of the individual.
The crime will be considered completed when negative statements are made against the President. It is worth noting that in other countries, for example, in the USA, Ukraine or Dagestan, liability is also provided for such actions.
What kind of insult could there be to the Russian President?
What happens if you insult the president of the country will be decided by the court. Article 319 of the Criminal Code of the Russian Federation presents several alternative options for punishment for unflattering statements:
- Fine up to 40 thousand rubles;
- Fine in the amount of the convicted person’s income for up to 3 months;
- Mandatory work up to 360 hours;
- Correctional labor for up to 1 year.
You cannot receive a prison sentence for insulting the president of the country.
If the actions of the guilty person are not qualified as a criminal offense, Art. 5.61 Code of Administrative Offenses of the Russian Federation on insults.
In this case, the statement should not relate to the professional activities of the president of the country or should not be expressed in a bright public form.
What is the punishment under the Code of Administrative Offenses of the Russian Federation? For an administrative offense, it is only important that the insult be carried out in an indecent form, degrading dignity and honor.
This article provides for the following types of punishment:
- For citizens, a fine is from 1 to 3 thousand rubles;
- For officials, a fine is from 10 to 30 thousand rubles;
- For legal entities, the fine is from 50 to 100 thousand rubles.
What are the risks under mitigating and aggravating circumstances?
The judge is obliged to act within the limits of the penalties established by the article.
The judge cannot go beyond these limits and impose a more severe punishment even if the crime was committed with a large number of aggravating circumstances.
Art. 319 of the Criminal Code of the Russian Federation does not provide for qualifying signs of the crime.
The following may be considered as aggravating circumstances in this case:
- Alcohol or drug intoxication of the guilty person at the time of the commission of the crime;
- The defendant has a criminal record, especially in similar cases;
- Joint commission of several types of crimes;
- Asocial lifestyle of the perpetrator.
Mitigating circumstances include:
- Active repentance and admission of guilt;
- Old or too young;
- Positive characteristics from the place of work or residence;
- No criminal record.
If guilty is found, the criminal case may be considered in a special manner, as a result of which the defendant cannot be sentenced to more than two-thirds of the maximum possible under the article.
Foreign countries
Azerbaijan
In Azerbaijan, punishment of up to 2 years of correctional labor or imprisonment is provided for insulting the president of the country (Article 323.1 of the Criminal Code). If an offense is committed using fake accounts, the penalty increases to three years in prison. If an accusation is made of committing a grave or especially grave crime, then the term ranges from three to five years.[3][4]
Bahrain
In Bahrain, insulting the king is punishable by a fine or imprisonment ranging from 1 to 7 years.[3]
Venezuela
In Venezuela, punishment is provided in the form of imprisonment for a period of 6 to 30 months for a serious insult to the president of the country, and for a frivolous one - from 3 to 15 months.[3]
Germany
German legislation has a number of articles on insulting representatives, bodies and institutions of government.
- 1. Insulting the federal president is punishable by imprisonment for a term of 3 months to 5 years.
- 2. Insulting the state and its symbols is punishable by imprisonment for up to 3 years or a fine. This article is not equal to the concept of “desecration of a flag or coat of arms,” but is much broader in scope:
| Whoever, publicly, at a meeting or by distributing written materials, insults the Federal Republic of Germany or one of its states or their constitutional order.” |
According to this article, statements about the undemocratic or illegal nature of the Federal Republic of Germany are a criminal offense.
- 3. Unconstitutional insult to constitutional bodies is punishable by imprisonment for a term of 3 months to 5 years. See also Definition of concepts of encroachment on constitutional foundations.
In Germany it is also illegal to publicly insult foreign heads of state.[2]
Denmark
In Denmark, if the monarch is defamed, the punishment for this crime is a fine or 4 months' imprisonment, but if the regent is defamed, it can be doubled, and if the victim is the monarch's spouse, the queen dowager or the crown Prince, the punishment increases by 50%. [3] Greenpeace activists were charged under this law in 2011, but were eventually convicted on other charges.[4]
Jordan
In Jordan, in recent years there have been several cases of punishment for insulting the country's king. One of the offenders in 2013-2014. spent 6 months in custody.[5][6]
Iran
In Iran, insulting a representative of any of the three branches of government is punishable by imprisonment from 2 to 6 months, or 74 lashes, or a fine.[3]
Spain
In Spain in 2007, two cartoonists were fined 3,000 euros each for a cartoon offensive to the Spanish royal family. [7]
In 2016, for making a call on Twitter to kill the king’s sister, a resident of the Spanish city of Bilbao was given a year in prison (he was convicted under the article of calls for terrorist activities, since the king’s sister, Infanta Cristina, had recently been stripped of her title for corruption).[8]
In 2022, the court sentenced singer Pablo Acel to 9 months in prison for insulting the king.[9]
Italy
In Italy it is illegal to publicly insult foreign heads of state.[10]
Cuba
In Cuba, any disrespectful attitude toward government officials is a crime, and insulting the president can lead to a 3-year prison sentence.[3]
Kuwait
In Kuwait, it is completely prohibited to criticize the local emir - this is punishable by a fine of 5,000 - 20,000 dinars or imprisonment for up to 5 years. In 2014, one critic of the monarch was sent into permanent exile.[3]
Lebanon
In Lebanon, insulting the head of state is punishable by a month to 2 years in prison or a fine of 50 million to 100 million Lebanese pounds ($33,200-$66,400).[3]
Malaysia
In Malaysia, people are arrested and imprisoned for insulting monarchs. [eleven]
Morocco
In Morocco, people are regularly imprisoned for insulting the country's monarch: from 1 to 5 years for a non-public insult (not published or broadcast) and from 3 to 5 years for a public insult (Article 41 of the Media Code). In 2012, an 18-year-old young man was convicted of posting two rather mild comics on Facebook.[12] Insulting civil servants is punishable by a fine of 5 to 10 thousand dollars.[4]
Netherlands
In the Kingdom of the Netherlands, insulting the monarch is punishable by a fine or imprisonment of up to 5 years, while insulting the monarch's spouse, heir, heir's spouse and regent is punishable by up to 4 years' imprisonment. Moreover, this article is actually applied: in 2007, two people were arrested for insulting the Queen, and in 2012, two people were imprisoned for the same crime.[3] In general, this law is used for convictions approximately once a year.[5]
Norway
In Norway, defamation of the monarch is punishable by a fine or up to 5 years in prison. In reality, however, this law has not been applied for several decades.[13]
Poland
In Poland, insulting the country's president is punishable by up to 3 years in prison, and the same punishment is provided for insulting foreign heads of state visiting Poland.[3]
In 2005, the owner of one magazine was fined 20,000 zlotys for insulting Pope John Paul II, who was visiting from the Vatican (the Pope is the head of state). [14]
At the same time, in 2005, 28 people were arrested in Poland on charges of insulting Russian President Vladimir Putin, who came on a visit.[15]
Portugal
For insulting the head of state in Portugal, punishment is provided in the form of imprisonment from six months to three years or a fine, the amount of which is not established by law (Article 328 of the Criminal Code).[4]
USA
In December 2016, the American publication Politico
fired the famous journalist Yulia Ioffe after she, using offensive language, suggested on Twitter that Donald Trump might have sexual relations with his daughter Ivanka.
[16] In January 2022, Saturday Night Live
Katie Rich was suspended from her job for insulting Donald Trump's son. She tweeted that the youngest son of American President Barron Trump would shoot schoolchildren and switch to home schooling. [17]
Thailand
In Thailand, it is forbidden to insult or accuse the king, his heir and regent of anything - for this you can be imprisoned for a term of 3 to 15 years. The same applies to insults against any Thai king who has reigned in the past.[3]
Türkiye
In Turkey, for insulting the president of the country, you are imprisoned for a term of 1 to 4 years, and if the insult was made publicly, the term is increased by 1/6. The penalty for insulting Mustafa Kemal Atatürk, the first president of Turkey, is one to three years in prison.[3]
In addition, since 2005, Article 301 of the Turkish Criminal Code has been in force, which provides for punishment of 6 months to 2 years in prison for insulting Turkey, the Turkish nation or Turkish government institutions.
As of January 2016, more than 250 people were put on trial for insulting President Recep Tayyip Erdogan. It should be added that his four predecessors were more tolerant - under them, only one person was convicted of such a violation. [18]
As of March 2016, Turkish justice services were investigating 1,845 cases of insult to Erdoğan, which had accumulated since his election as president in 2014.[19] In May 2016, the winner of the Miss Turkey 2006 contest, Merve Büyüksarac, was sentenced to 14 months of suspended imprisonment for insulting Erdogan on a social network.[20]
Switzerland
In Switzerland, it is illegal to publicly insult foreign heads of state.[21]
How to prove guilt of insult?
Turning yourself in in such a situation is, with a high degree of probability, simply impossible . At the same time, such offenses are rarely carried out by accident, when the guilty person insulted the president, without assuming the illegality and criminal liability of his actions.
If everyone who insults the president on the Internet were brought to justice, half of the users of the global network would have received criminal records long ago.
Cases are initiated only against those citizens who pose a particular risk to the stability of the country and the political system.
Screenshots of posts on social networks, videos or audio recordings with disrespectful statements are most often used as evidence. When such irrefutable evidence is in hand, there will no longer be an opportunity to avoid responsibility.
In 2022, there were no precedents for criminal cases of insulting the president of the country . This crime is generally very rare, perhaps due to the fact that the president is out of reach for citizens.
According to Art. 319 of the Criminal Code of the Russian Federation, most of the offenses involve police officers as victims in the case, because they are the ones who most often interact with the population.
In Russia there is currently no separate law that would regulate offensive statements addressed to the head of state. These acts are subject to qualification under Art. 319 of the Criminal Code of the Russian Federation.
However, since 2016, negotiations have been underway to adopt a special legislative act that would protect the president from disrespect from citizens. According to experts, it is likely that this law will be adopted in the country in the near future.
Notes
- Criminal Code of Belarus
- Criminal Code of the Republic of Kazakhstan
- ↑ 3,003,013,023,033,043,053,063,073,083,093.10 Jessica Phelan
. This is how these 12 countries will punish you for insulting their heads of state. // Globalpost, March 12, 2014. - ↑ 4,04,14,2 How the world is fighting against insults to authorities on the Internet. //TASS-Dossier, March 7, 2022.
- Dutch protester may go to prison for insulting the king. // Reuters, May 7, 2015.
| [ + ] Political philosophy | |
| Liberalism | Liberal demagoguery • Essay: Various types of liberalism (B. N. Chicherin, 1861) |
| Patriotism | Patriotism • Spiritual bonds • Essay: On love for the fatherland and people's pride (N. M. Karamzin, 1802) |
| Geopolitics | Geopolitics • Multipolarity • Super-ideology |
Features of the offense
Insulting a head of state is different from humiliating an ordinary citizen. So, in the case of the President, angry words can discredit the current system and the activities of the official. This may also lead to disruptions in the activities of government agencies.
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Therefore, the law is strict in cases where the honor and dignity of the head of state is affected. Thus, insult cannot be tolerated, regardless of all the reasons and factors. In any case, dissatisfaction can be expressed in cultural form.
A bill being prepared for the Duma will stipulate that insult is punishable by imprisonment from three to six years. But at the moment it has not yet been adopted, so a criminal article is in force.
What may be mitigating and aggravating circumstances?
Based on the fact that each situation is individual, all circumstances must be taken into account. The court can soften the sentence and can toughen it.
Mitigating circumstances include the fact that the citizen committed such an offense for the first time. But if this happens again, it will be an aggravating circumstance.
In addition, a situation where a citizen was drunk may increase the punishment.
Thus, it is impossible to unequivocally answer the question of what the punishment will be. But it is worth remembering that the actions of the violator can be classified under a criminal article and it is recommended to refrain from insulting government officials.
