Article for insulting minor children by an adult or peer

The concept of insult in legal language is quite narrow. What we call this word in everyday life, from the point of view of a lawyer, more often falls under the category of slander. An insult is an obscene expression uttered intentionally and directed at a specific addressee. On social networks, popular talk shows, and public transport, one often encounters public insults. If every such case was dealt with in court, then all the other criminals would remain quietly walking free.

When you have been publicly insulted, this may become the basis for compensation for moral damages. And perhaps even materially, if it damaged business reputation. The likelihood of receiving such compensation will increase significantly if you contact an experienced civil litigation lawyer for advice or defense.

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Article 282 of the Criminal Code of the Russian Federation

Currently, Article 282 of the Criminal Code of the Russian Federation has gained popularity for insulting on the Internet. The article states that any actions aimed at inciting hostility or hatred and humiliating dignity based on gender, race, nationality and religion, which are committed publicly or using the Internet, must entail liability. This could be the payment of a fairly large fine for insulting someone on the Internet (300-500 thousand rubles) or punishment by forced labor. Also, those punished may be deprived of the right to engage in certain activities and hold certain positions for about 3-5 years. In special cases, this may even be imprisonment for 2-5 years.

Of course, in the situation under consideration, the law is quite loyal and it is unlikely that the offender will end up in prison, but this possibility should not be completely ruled out. This article guarantees the punishment of the offender, subject to the possibility of proving his guilt.

Legal regulation of the issue

Humiliation of the honor and dignity of a citizen, including a minor, by obscene words, gestures and actions is considered in Article 5.61 of the Code of Administrative Offenses of the Russian Federation. Administrative liability for such a violation includes a fine, the amount of which depends on the status of the offender and the conditions under which the unlawful act was committed. Negative expressions addressed to someone, voiced in the media, as well as the inaction of persons who had the opportunity to prevent insults have a separate procedure for consideration.

For citizens, a fine ranges from 1,000 to 5,000 rubles; for officials and legal entities, the amount increases, reaching in some cases 500,000 rubles.

Insult on social networks

Insults in contact, classmates and other social networks are most common and can have dire consequences for vulnerable segments of the population.

Around the time that social networks appeared (and they appeared in our country quite recently), the so-called “trolls” appeared. This group includes people whose communication manners are rude, have a negative connotation and are full of cynicism, rudeness and all sorts of provocations. These people usually create pages with someone else's name, thinking that they are protecting themselves and their affiliation with the abuse cannot be proven. They behave in this way in order to attract attention to their person and raise their, usually low, self-esteem. Insults on social networks also fall under Article 282 of the Criminal Code of the Russian Federation, which provocateurs usually do not think about.

Experienced Internet users usually try not to pay attention to such people, but inexperienced users can be seriously offended by this behavior and ruin their mood for a long time.

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Insult of a minor

This concept includes negative expressions and actions that humiliate honor and dignity, violating the mental and emotional state of a citizen under 18 years of age. Insults include:

• comparison with an animal or object (according to sociologists);
• unpleasant touching of the body or clothing, including those associated with nudity;
• abusive and obscene words addressed to the child.

Children who are regularly exposed to psychological humiliation grow up unbalanced, acquire complexes and low self-esteem; As adults, they cannot stand up for themselves and have normal contact with others.

Resentment can come from:

• peers;
• teachers and lecturers;
• strangers;
• parents.

An unpleasant incident occurs once or continues over a certain period of time. Such an illegal action is regarded by law as ongoing; the statute of limitations for filing a complaint against it begins to be calculated from the date of discovery (Clause 2 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation). An offender over 16 years of age is independently punished for his words and actions; for younger children, legal representatives are defendants in the case. The same rules apply to the injured party.

Parents should not ignore abuse of their child by third parties. It has been proven that psychological trauma suffered by children often becomes the cause of physical injury and even suicide.

Responsibility and punishment

To bring someone to justice for insults on social networks, first of all, you need to contact the police and provide evidence, and then write a statement.

If you want to receive compensation, you need to write a letter to the magistrate, who will subsequently receive the case with the claim.

To prove the fact of insult you will need:

1. Screenshot of the screen showing the insult. You need to make sure that there is no doubt that the insult is aimed specifically at you.
2. Face. The most difficult thing on the Internet in such cases is to prove that this particular person was at the computer at that moment. If there is a witness who can prove this fact, then this will be the best evidence.

After completing these steps, you can go to the police.

It is important not to forget that not everyone succeeds in achieving a positive result in court in this case; most often the case does not go beyond the local police station. A more simplified option would be to contact the administration of the social network or add the user to the “black list”. It is worth noting that the losing party most often bears the costs of paying a lawyer.

People who allow themselves to be insulted on the Internet should be punished; this will serve as a good lesson for the offender and those around him who may behave in a similar way.

Procedure for submitting and considering an application

In order to correctly submit an application to the court, it is recommended to contact a lawyer.
He will help you fill out the claim correctly and correctly collect the evidence base. If you want to do the business yourself, then you should find a sample on the Internet that will show you how to correctly draw up an application. You should contact the magistrate in whose area the incident occurred. You can also immediately file a claim for compensation for moral damages and recovery of court costs from the defendant. You must include evidence to support your words.

The application will either be accepted or rejected with reasons given. If the case is successful, the judge will decide what punishment to impose on the perpetrator. He will also call for moral damages if there are reasons for this.

Arbitrage practice

In practice, such claims are rare, but it is possible that this will soon become commonplace.

In the Yaroslavl region, bailiffs are preparing to conduct enforcement proceedings in a similar case. One woman described her work colleague as a seducer of all the men in the organization where they worked. She then posted the incriminating recording on social media for everyone to see. The offended woman responded by filing a lawsuit, where the offender was ordered to pay a fine of 50 thousand rubles for insulting her on the Internet.

It remains to be expected that soon control of norms of behavior will be at a high level, and judicial practice for insults on the Internet will become more frequent.

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What to do if you are sued

If you are faced with someone suing you, there are various actions you can take. Alternatively, you can try to reconcile with the offended party. You can even offer money as compensation. If this option could not be implemented, then you can collect evidence of the applicant’s guilt and put forward a counterclaim.

You can also admit the violation and pay the prescribed fine. This option is suitable for the situation if you are really at fault. In the future, you should not stoop to insulting a person and humiliating personal dignity. Because the case can even end in court proceedings and a fine of up to 3,000 rubles - in case of a personal conflict and up to 50,000 rubles - in public proceedings.

How to write a statement correctly

If a citizen has evidence of offensive statements or rude actions, material damage is confirmed, the amount of compensation for moral suffering is established, and witnesses to the incident are found, then a statement can be made to law enforcement agencies about moral or physical insult.

There is no prescribed form for filing such a complaint. It is compiled arbitrarily, with references to legislative acts.

In practice, the structure of the document and the basic requirements for it have developed:

The form indicates all the facts of the offense.

1. The application is written in 2 copies. The first is handed over to the law enforcement agency, the second, with an official mark on the date of acceptance of the document, remains with the applicant. It serves as confirmation of the filing of the complaint. If the application is sent through an electronic reception, you should make sure that the application is assigned an incoming number.
2. The applicant’s personal data (last name, first name, patronymic, home address, telephone numbers) are indicated completely and without errors. Otherwise, it will be difficult for the prosecutor’s office employee working with the complaint to contact the victim to clarify the situation or obtain additional information. In addition, the prosecutor has the right not to deal with an appeal in which there is no information about the applicant.
3. It is recommended to present all the facts of illegal actions in the descriptive part. The more detailed the insults are, the more likely it is that the necessary decision will be made promptly. But thoughts should be expressed clearly, without vague phrases and emotional words. The prosecutor may return an application that is difficult to read and understand without consideration.
4. The evidence base is provided in full, indicating the contact details of witnesses to the conflict. This will allow officials to question them on the circumstances of the case.
5. Information about the offender is provided to the maximum extent possible. For example, if there is only information about the name of his place of work, then it is advisable to find out the address and telephone numbers of the enterprise. This is necessary so that those involved in the inspection can find the citizen and interview him about what happened.
6. The location of the conflict must be indicated precisely. In this case, the application will not be sent between district departments, but will immediately go for consideration to the prosecutor’s office of the corresponding territory.
7. The intention to recover moral or material damage and the amount of the claim are indicated directly in the application. Compensation can be received if, for example, the victim suffered losses due to a failed deal or his health condition worsened.

If there are several victims of insults, then it is better to write a collective statement on behalf of all the offended people. In this case, there is a greater chance of bringing the citizen to administrative responsibility.

Document structure and sample

The basic requirements for the structure of the application are the same as for any documents submitted to state executive bodies.

It must contain an introductory part, a main block, a list of applications and the signature of the applicant.

The introductory part states:

• name of the law enforcement agency to which the appeal is submitted;
• last name, first name, patronymic of the applicant in the genitive case, his residential address, telephone number.

The main block begins with the word “statement” in the middle of the line and contains an arbitrary statement of the situation with a description of the nuances:

• there were single, repeated or constant insults;
• date and time of the offense;
• presence and full names of witnesses;
• Full name, contact details of the offender;
• a detailed listing of negative statements and actions.

If swear words are difficult to write, you can indicate that they were obscene.

The block ends with a request to bring the offender to administrative responsibility with reference to Art. 5.61 Code of Administrative Offences. It is permissible to begin the main part of the complaint with this request.

The list of attachments lists the evidence of conflict available in the appeal. At the end, the date, personal signature of the victim and a transcript of this signature are affixed.

A sample application is given below.

If there are witnesses to the conflict, their personal information should be provided.

Additionally, you can ask to check the stated unpleasant facts regarding the legality of the actions committed by the offender.

As an example, a situation on a social network will suit: a woman’s ex-husband’s friend regularly sends threatening messages, uses obscene language towards her, and threatens to post intimate photographs taken during their time together online.

In this case, in addition to insults, there is a threat to life and health, the dissemination of personal data without the consent of its owner, and a violation of privacy.

Deadlines for submission and review

An application with the necessary evidence is submitted within 10 days from the day the illegal act occurred.

Citizens have the right to contact the police department at the place of residence of the offender or the conflict immediately after the unpleasant incident. Police officers are obliged to accept the offended person and record what happened in his words. Information about the guilty person is indicated based on the information available to the applicant.

Depending on the completeness of the evidence and the information provided, the case of an administrative offense is initiated on the day the application is received or within 2 days. If it is necessary to conduct a thorough investigation of the situation, the period increases to 2 months.

The applicant is officially notified of the change in the deadline for consideration of his application and of all stages of the case.