All prescribed penalties for insulting a police officer during execution are provided for in the text of Article 319 of the Criminal Code of the Russian Federation.
This article will address the following questions:
- What actions can be qualified as insulting a police officer?
- What are the criteria and facts that determine the objectivity of a violation in the form of insult?
- What are the conditions and circumstances of bringing to justice with the presentation of a penalty?
- What is the penalty for insulting a police officer in the performance of his official duties?
- Is it possible, and how, to bypass the fine for insulting a police officer during execution?
The police system and each of its employees represent the interests of the authorities in relation to maintaining order. They are part of the overall management system, therefore any insults and expressions addressed to the police, as well as its officials, are regarded as an insult to the entire law enforcement department as a whole.
Moreover, the main objects of insult are the lawful work of a police officer, his dignity and personal honor. Any desecration and insult of a law enforcement representative is fraught with the creation of a threatening situation in the entire public environment and an increase in the risk of threat for all its members, since a law enforcement officer who does not defend his honor and dignity loses authority, which means he will not be able to defend both comfort and safety citizens. This threatens the loss of authority of the entire power structure, which under no circumstances should be allowed.
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Composition and description of the crime
A person who was 16 years old at the time the crime was committed (the subject of the crime) is subject to liability. As a rule, obscene statements addressed to police officers are always made with direct intent, and the main motives are resentment, revenge, unwillingness to comply with the lawful demands of the police officer and the most common hooliganism. In most cases, people who behave rudely with the police are in a state of drug or alcohol intoxication; there are often situations when insulting law enforcement officers occurs by teenagers who are not aware of their insolence.
- The object of the crime is the authority of state authorities or local administration. An additional object is the honor and dignity of a government representative (in the described case, an employee of the internal affairs bodies).
- The objective side of the crime is humiliation of honor and dignity. In this case, a necessary sign of the objective side is the publicity of the crime.
- The corpus delicti is considered formal. The crime is completed at the moment the offender publicly utters offensive words, regardless of the consequences of the act.
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At the same time, publicity, as a mandatory condition, can be expressed not only in verbal utterance of insults in society, but also in the publication of false information in the media, on publicly available resources on the Internet, and print media.
What happens if you lightly hit a police officer?
The policeman stepped on my foot and spoke to me incorrectly. We had a verbal altercation, and in the end he twisted me quite tightly and laid me face down on the asphalt. I was detained for 15 hours.
The policeman filed a report against me: allegedly I kicked him in the leg. And I wrote a statement that the policeman spoke to me incorrectly and stepped on my foot. I also underwent a forensic examination, as I was left with large bruises on both arms in three places.
Tell me, please, what could I face for this situation? I have a six year old child.
Unfortunately, I can’t do anything to please you. Even lightly hitting any law enforcement officer during execution, in most cases, this can result in criminal charges. Regardless of whether you hit a police officer in the leg or not, you will have to spend a lot of time, effort, and possibly money.
It is difficult to judge all the circumstances of your case: you presented the situation very briefly, and in such cases every little detail matters. Therefore, I would recommend finding a good lawyer who has experience defending such cases. Our articles can help you here:
I also cannot draw any conclusions about your guilt or innocence: the authors of T—J cannot substitute themselves for the court. But I’ll tell you how events can develop further, how you can build your defense, and what methods are guaranteed not to work.
Punishment for insulting a police officer under article
Please note that the sanctions of Art. 319 of the Criminal Code of the Russian Federation can be applied only when an insult is caused while the victim is on duty, or they have a direct connection with his activities (for example, they relate to the conduct of operational activities in a criminal case).
When an insult occurs in conditions not related to work (outside of duty, on vacation or at home), then the actions of the perpetrator will be qualified under Article 130 of the Criminal Code of the Russian Federation or will fall under administrative liability under 5.61 of the Code of Administrative Offenses of the Russian Federation and can be considered in a civil manner.
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According to Article 319 of the Criminal Code, for insulting a police officer in a public place, while he is on duty, or in connection with the performance of his official duties, the guilty person may be assigned a significant fine (up to 40 thousand rubles), or from the salary for a period of up to 3 months, corrective labor for a period of up to 1 year, or compulsory work - up to 360 hours.
Summary
Insulting a military officer, internal affairs officer, judge or traffic police officer will result in punishment. Arrest, penalties and forced labor can be avoided only if the parties reconcile by mutual consent.
If you have been charged under any of the above articles, then in order to protect your interests, it is recommended to seek the help of an experienced lawyer. This will prevent the conflict from developing, and with the right strategy it will be possible to reach an agreement without litigation.
Latest questions on the topic: “What is the punishment for insulting a police officer while on duty?”
Liability for insulting a police officer
hello, a couple of days ago, while drunk, he insulted police officers, after that he was arrested and taken to the police department, held for 15 hours and released, they said there will be a trial in a couple of days, I would like to know what can await me?
Mikhail, Tatarstan now online
Hello, it is important to know whether a case will be initiated under Art. 319 of the Criminal Code of the Russian Federation or not. If so, during the investigation and court hearing, emphasize that the insults were not made to a specific person (persons) and that your insults were not aimed at humiliating the honor and dignity of government officials in the performance of their official duties or in connection with their performance, and you expressed them just like that, without addressing anyone, because you were, for example, under stress (for personal reasons) and you had no intention of publicly humiliating the honor and dignity of police officers. Say that, in this way, you just wanted to throw out all the negativity a little, you wanted a thrill, and you wanted to disrupt the social order and norms of behavior a little. You have the right to defend yourself in any way provided by law. In this case, there will be a chance Article 20.1. Code of Administrative Offenses of the Russian Federation “Petty hooliganism”. If a case of an administrative offense is opened, then “Say that, in this way, you just wanted to throw out all the negativity a little, you wanted a thrill, and you wanted to slightly disrupt public order and norms of behavior.” Best wishes.
Insulting a Police Officer
Under what articles can a person be prosecuted for harsh criticism and insults of police officers and military personnel committed publicly, on the Internet or using the media?
Vladimir, Krasnoyarsk now online
Article 319. Insulting a representative of government Public insult of a representative of government during the performance of his official duties or in connection with their performance is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for up to three hundred and sixty hours, or correctional labor for up to one year.
How to hold a police officer accountable for insult and assault?
My 14-year-old child was insulted and hit by an adult man (a local police investigator) on the playground.
A statement was filed with the police, but as usual they defend him and say that he is not guilty. What should we do next? Margo, Tatarstan is now online
Good afternoon. File a claim in court. Seek moral damages. Moral harm is understood as moral or physical suffering caused by actions (inaction) that encroach on intangible benefits belonging to a citizen from birth or by force of law (life, health, personal dignity, business reputation, privacy, personal and family secrets, etc. .), or violating his personal non-property rights (the right to use his name, the right of authorship and other non-property rights in accordance with the laws on the protection of rights to the results of intellectual activity) or violating the property rights of a citizen. Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue an active social life, loss of a job, the dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restriction or deprivation of any rights, physical pain associated with injury, other damage to health, or due to illness suffered as a result of moral suffering, etc.
What punishment will be given for repeatedly insulting a police officer?
Citizen Drobot expressed himself in a public place and insulted police lieutenant Rudnev, for which he was detained.
When a report was drawn up against him, it turned out that Drobota had already been brought to administrative responsibility for similar violations. What responsibility will citizen Drobot bear? Kirill, Ufa now online
Danil, hello! Code of Administrative Offenses of the Russian Federation, Article 20.1. Petty hooliganism 1. Petty hooliganism, that is, a violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, offensive harassment of citizens, as well as destruction or damage to other people's property, shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles or administrative arrest for up to fifteen days. 2. The same actions involving disobedience to the lawful demand of a government representative or other person performing duties to protect public order or suppress a violation of public order - shall entail the imposition of an administrative fine in the amount of one thousand to two thousand five hundred rubles or administrative arrest for a term of up to fifteen days. Article 319 of the Criminal Code of the Russian Federation. Insulting a representative of authority Print Share Public insult of a representative of authority during the performance of his official duties or in connection with their performance is punishable by a fine in the amount of up to forty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term up to three hundred and sixty hours, or correctional labor for up to one year. Thus, Drobot will be brought to administrative and criminal liability for the above charges. Sincerely!
A police officer insulted a citizen - will he be charged under 5.61 of the Code of Administrative Offences?
Good afternoon
During a telephone conversation with a traffic police officer - a police captain, I was insulted (there is an audio recording). He groundlessly insulted my honor and dignity and threatened me. S. uttered insulting phrases and threats against me (literal quote): “You stupid moron, that’s what you are. Fuck you, I get it. If they fire me from this job, I will come to you personally. You're deaf, you fucking bastard! (during the check at the Ministry of Internal Affairs, S. confirmed that it was he who spoke to me). Here is the answer that came from the Ministry of Internal Affairs (excerpt): “During the consideration of your complaint dated February 4, 2015, the fact of obscene statements addressed to you by C was reliably established. There were no grounds for conducting a phonoscopic examination of C’s voice, due to the fact that the latter confirms that it is his voice that sounds on the audio recording provided by you. To make a decision on bringing C to administrative responsibility for committing an administrative offense under Article 5.61 “Insult” and Article 20.1 “Petty Hooliganism” of the Code of Administrative Offenses of the Russian Federation, information was sent to the Prosecutor’s Office of the Leninsky Administrative District of Tyumen. Grounds for the dismissal of police captain C from service in the internal affairs bodies of the Russian Federation under clause 9 of part 3 of Article 82 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation” (for committing an offense discrediting the honor of a police officer of the Russian Federation) was not established within the framework of this inspection. For failure to comply with the requirements for polite and cultural treatment of citizens, expressed in the use of rude and inconsiderate statements addressed to you, D.A. Stremichev will be considered by the Commission of the Office of the Ministry of Internal Affairs of the Russian Federation for the Tyumen Region on official discipline and professional ethics.” At the same time, the law in Article 2.5 of the Code of Administrative Offenses of the Russian Federation states that under this article police officers do not bear administrative responsibility (I mean 5.61 of the Code of Administrative Offenses). The question arises: how then to attract a police officer? or will he get away with it all? Vasily, Chelyabinsk is now online
Good afternoon! On the merits of your question, I can inform and explain the following that these legal relations are regulated by the civil legislation of the Russian Federation, according to which you need to challenge the unlawful actions of an employee in the prosecutor’s office and in court. Recommendations: First. Submit a written application to the prosecutor's office at the territorial location of the police department where this employee serves, in which you report in detail in chronological order, linked by dates and times, the current situation and the actions of the official, then indicate the following - in connection with the above, I ask you: 1. Carry out prosecutorial supervision over the actions of this employee in relation to me, to give a legal assessment of these actions in accordance with the norms of the law. 2. Bring this official to the established responsibility, including the use of administrative measures. 3. Protect my rights, including in court. 4. Please inform me about the decision made in the manner prescribed by law. Second. Submit the same detailed application to the head of this employee and the main department of the Department of Internal Affairs for the region, in which you ask: 1. To conduct an investigation into this fact. 2. Bring this employee to the established responsibility, including of an administrative nature. Sincerely…
Insulting a traffic police officer
Any of the drivers of the vehicle, when stopped by the State Traffic Inspectorate, at least once, did not agree with their actions. Often, car enthusiasts do not skimp on emotions and do not try to restrain negative impulses. But it is better not to forget about the criminal liability that threatens for insulting traffic police officers while on duty. Therefore, if you do not agree with their actions, or they extort a bribe, it is better to report this by calling the traffic police service and not try to argue with representatives of the law.
IMPORTANT: Dissatisfaction expressed in a correct form, for example, with the words “You are an incompetent traffic police officer,” will not constitute an insult.
You need to realize that when communicating with police officers, you must behave correctly, calmly and avoid verbal attacks against them. Even if it seems that the actions of law enforcement officers against you are unlawful, you need to call the hotline of the Ministry of Internal Affairs and leave a complaint, you can contact the police officer directly, as well as the prosecutor’s office.
By the way, according to statistics, it is traffic police officers who most often encounter rude expressions addressed to them.
Conclusion
Punishment for insulting an employee during execution includes not only fines, but also enforcement work. Moreover, it is almost impossible to avoid responsibility. This is a serious offence. Do not forget that a police officer is not just a person, but also a representative of government. By insulting him, you undermine the entire institution of power in the eyes of the public.
It is understandable that sometimes emotions can get the better of you, especially if a police officer commits misconduct. But even in this case it is worth being correct. If a government official is wrong, you can hold him accountable in a civilized manner. But if you start insulting him, you automatically become guilty. Always remember this.
What may be mitigating and aggravating circumstances?
Cases of insulting a police officer during execution are considered taking into account mitigating circumstances, which may include the following:
- the violator has not previously been charged under Article 319 of the Criminal Code of the Russian Federation or other similar administrative offenses;
- the offender’s behavior was provoked by unqualified actions of a police officer;
- the insult happened after the policeman exceeded his official authority.
Please pay attention! A possible option to avoid punishment is to reconcile with the injured party. That is, you can ask for forgiveness from the policeman, and the criminal case will be closed by agreement of both parties.
Of course, in addition to mitigating factors, the court also takes into account aggravating circumstances. For example, uttering insults to a police officer while intoxicated or for the purpose of having fun may be considered such.
What are the criteria for assessing insult?
The criteria for assessing offense are ethical. But we know that individual ethics and political ethics are significantly different from each other. Therefore, in order to insult a representative of authority, it is not necessary to commit actions that are indecent from the point of view of ordinary morality, but ridicule of a person acting as a representative of authority is a deliberate lowering of not only his status, but also disrespect for authority in general. The offensiveness of such behavior will not lose its meaning even if the perpetrator used normative language.
I want to say that ridicule “cannot be applied to the case”, a person’s guilt must be proven, here we are talking about serious legal consequences for a person, and not about games in real life. Therefore, the investigator must conduct a linguistic examination in order to identify linguistic signs of humiliation and indecent forms of expression in the statements of the accused. Linguistic examination is one of the evidence incriminating a citizen of committing a crime.
In practice, most often citizens insult government officials through the usual obscenities; their message is personalized, that is, addressed to a specific person (authority representative).
What is the penalty for a citizen who insults a government official?
Examples of situations falling under Article 319 of the Criminal Code of the Russian Federation
- Citizen V., while buying alcohol at a roadside store, quarreled with the seller, as he was under the influence of previously drunk alcohol. The seller called the police. Arriving police officers, in response to legal demands, heard obscene language addressed to them, and the offender attempted to attack one of the policemen. At the trial, CCTV cameras and witness testimony confirmed that the culprit had indeed publicly insulted law enforcement officers, and therefore a sentence was passed not only under Article 319, but also under Article 318 of the Criminal Code of the Russian Federation (assault on a police officer). As a result, he received a suspended sentence and a fine of 5,000 rubles.
- Citizen S., brought to the police department, committed four crimes at once over a period of several hours. Three of them are insulting police officers. One - when detained for petty theft, two - directly at the police department. Citizen S. not only expressed gross insults to the police officers performing their duties, but also attacked them with his fists, striking them in the face. For each of three crimes of the same type, the court imposed correctional labor for up to 8 months.
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What are the possible consequences for the citizen and his children?
I don’t want to upset anyone, but a citizen may have some problems with employment.
Employers are reluctant to hire citizens with a criminal record, and this is true, because it is not easy for the list of documents for employment to include a certificate of availability (absence of a criminal record).
Difficulties may arise for children only if they are going to enter universities that are related to law enforcement, for example, the Academy of the Ministry of Internal Affairs, the Academy of the Investigative Committee of Russia, the University of the Prosecutor's Office of the Russian Federation, etc. Why do difficulties arise? The difficulty is due to the fact that a check is carried out in relation to the candidate for a criminal record or criminal prosecution, as well as in relation to his relatives, such a check is standard, and if the results of the check show a positive result, then certain difficulties arise (denial of admission).
By analogy with employing your child in law enforcement agencies, difficulties may also arise, since verification of the candidate is mandatory!
In my opinion, children are not responsible for their parents!
How to avoid criminal liability?
The question is of course a good one, but there are only two answers to such a question and they are as follows:
1) A citizen can be released from criminal liability only if he has committed a crime for the first time and at the same time has reconciled with the victim and made amends for the harm caused to the victim.
2) Also, a citizen can avoid criminal liability, but with the imposition of a court fine, if he compensates for the damage or otherwise makes amends for the harm caused to a representative of the authorities by the crime.
There are other reasons, but they are not suitable for this case, I will not rant, otherwise it will take a long time (the article is specific).
That's all for me! Thank you for your attention!
If you have any questions, please leave a comment!
I also ask you to read my other articles on my profile, you will also find a lot of useful information!
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