How to prove personal insult? Sample statement to the police

Personal insult. Where to contact?

How to punish a person for insulting? To do this, it is necessary to understand what the legal phenomenon of “insult” is and what is included in its definition.

According to Article 130 of the Criminal Code, which for a long time was the legislator in determining responsibility, punishment, and also gave characteristics of the act, an insult includes an indecent action towards the victim.

That is, the perpetrator may verbally express, in the presence of third parties, an obscene phrase addressed to the victim, or otherwise behave indecently.

On this basis, a citizen has the opportunity to seek legal protection:

• to the police station;
• to the prosecutor's office;
• to court.

The choice of authority depends on:

1. What are the relationships between the conflicting persons?
2. At what stage is the trial process at a certain moment?
3. What evidence of guilt does the victim have?

How to prove?

In order to prove an insult , previously (until 2012) two witnesses were needed in whose presence it was uttered. Currently, this procedure has become simplified, since the issue is considered primarily administratively in accordance with Art. 5.61 of the Administrative Code, which does not have legal consequences in the form of a criminal record, which remains practically throughout the citizen’s entire life.

Nowadays, to convict the culprit . In addition to witness testimony, video or audio recordings, photographs and other possible materials can be used as evidence of guilt. Of course, you may not predict at what moment you will be insulted and, most likely, you will not have time to turn on the recorder. However, many citizens turn it on almost always when the conversation gets louder. This habit will always allow you to protect your rights, as well as punish the offender according to his deserts.

If you didn’t have time to do this, ask those around you if anyone managed to film or record this person’s words. Also, do not hesitate to reach out to others and ask for their addresses so that they can testify in your favor. If the incident took place in a public place, ask where the video cameras are and whether your conflict was in their field of view.

It is no more difficult to prove the guilt of a person who systematically allows offensive remarks and statements addressed to you in a domestic environment.

Such relationships are often found on the part of neighbors. How to correctly file a statement of insulting a neighbor to the police (militia)? You need to work with them very carefully, the process of communication between you needs to be completely under control.

The evidence base must be obtained as follows:

1. Turn on the recorder (discreetly) when he starts negative dialogue.
2. If he insulted you, and you did not have time to record it, you can: turn on the recorder (unnoticed), start a conversation about what he said to you last time (repeat) the phrase for which you demand an apology from him. His reaction to this, if he refuses to apologize and continues to make obscene statements, will be proof.
3. Invite friends over and have this conversation so they can testify.
4. Ask other victims he abuses to band together and testify in each other's defense.

You can find many similar options and actively use them.

What is the difference between statements of insult to honor and dignity and insult to personality?

Before filing a complaint about insult and threats, it is necessary to clarify one important point. Until 2012, the current Article 130 of the Criminal Code of the Russian Federation provided for the wording “insulting a person .

Modern legislation provides for the wording “insult to honor and dignity” in accordance with the administrative liability charged. It logically follows that the relevance of the statement will be determined by the insult to honor and dignity. There are no differences in the fact of the act, since honor and dignity are the property of the individual citizen.

Legal regulation of the situation

An insult during the work process can be inflicted on both an individual and a government representative. Various legislative codes deal with the regulation of these conflicts.

Insult to physical faces are a manifestation of interpersonal relationships, therefore the measures of influence are indicated in the Code of Administrative Offenses (CAO) of the Russian Federation, in Article 5.61. The Constitution guarantees the protection of the honor and dignity of every citizen of the Russian Federation; this is stated in Chapter 21. If the insult is combined with the use of real threats to health or life, then this is classified as a criminal offense and, accordingly, is under the jurisdiction of the Criminal Code. Find out here what the punishment is according to the Criminal Code of the Russian Federation for threats of violence.

Insulting a citizen in public service entails criminal liability. Such conflicts are considered by the Criminal Code (CC) of the Russian Federation. More information about insulting a government official can be found on the pages of our Internet portal - https://lexconsult.online/5855-privlechenie-k-ugolovnoi-otvetstvennosti-za-oskorblenie-predstavitelya-vlasti.

Types of personal insult claims

A counter-statement for personal insult provides for a situation in which indecent actions were committed against you, which resulted in a similar reaction on your part or vice versa.

At the same time, the participant in the conflict filed a statement against you . You have the right to file a counter-application against the applicant. It is submitted upon your notification of the submitted application.

You will be required to indicate what happened more objectively.

A statement to the police (militia) for insult is filed based on the fact of direct illegal and indecent behavior addressed to you. That is, no later than 10 days after the insulting incident.

The local or regional police department will tell you how to correctly write a statement to the police You can contact the department almost immediately, the duty officer or local police officer will receive you and, from your words, write down everything that you state and that is relevant to the case. All you have to do is sign it.

In order to file it, you need to go to the area where the perpetrator lives and tell the person on duty that you have been insulted and you intend to file a complaint. You need to have your passport and information about the identity of the attacker with you. If you were insulted by an unknown person, naturally they will not put him on the wanted list. If you have an approximate idea of ​​the culprit, proceed from the information that you have and use it.

Is it possible to sue a person for insult? Citizens are not allowed to directly file a lawsuit without evidence. If you have irrefutable evidence, you can do this, but only after a pre-trial investigation has been conducted and the police refuse to file documents with the court.

A claim for personal insult is filed at the place of residence of the defendant, that is, the person who insulted you, in the district court.

That is, to file a claim for insult to honor and dignity, you must have information about the defendant and his identity must be established.

It must be drawn up in a certain form, with reference to legislative documents, which requires contacting an experienced specialist. Some victims do it simpler - copy the statement of claim from the site and paste their data into it.

a statement of claim in court for insult to personality.

But such actions may not be effective if you do not explain the fact of the insult as it happened in your particular case. Typically, the filing of such applications is accompanied by a claim for compensation for moral and possibly material damage.

Compensation may be charged if, due to the actions of the offending person, the victim was unable to:

• close the deal;
• to go to work;
• carry out other actions.

Damage from the fact that he fell out of communications is an opportunity to recover lost profits or compensate for losses. And if the plaintiff suffered, he can recover moral damages. In this case, the amount of the claim must be indicated in the application immediately.

If financial issues do not play a primary role, you can submit a statement of defamation to your local inspector. To do this, you need to go to the district police station and ask to invite your local police officer.

He will accept your application and even help you draft it. It can be written on a standard form of the police department (militia) , or it can be compiled in a simple form. It will need to indicate all the information about the event that occurred and the consequences that occurred against the background of the insult.

The application submitted to him will be put into production, and he will independently collect the necessary documents and evidence. And then he will initiate a criminal case in court through the investigative department of the police (militia).

If the offender does not live in your area, you need to contact the local police officer at his place of residence. Contacting a local police officer can be effective for preventive purposes when you need the issue to be under control and supervised from the outside.

An application to the prosecutor's office is usually submitted if you have been insulted by an official. In this case, you need to go to the district prosecutor's office at the place of residence of the culprit or at his place of work. To do this, you also need to have information about the culprit that needs to be indicated. This statement is written in free form, indicating all the necessary information. It further states the facts that explain the existence of the insult.

Download a sample application to the prosecutor's office for personal insult.

Based on this statement, a prosecutor's investigation will be ordered, and indecent behavior in the form of insult will be punished with a serious fine.

Your statement of insult will go to the prosecutor's office in any case, even if it was initially submitted to the police station, if we are talking about the administrative responsibility of the insulter.

Punishment for insult and threat of physical harm at work

A proven fact of personal insult in the workplace will ensure that the offender is punished. The law also contains qualifying elements of a crime that aggravate the guilt and increase the punishment.

Insult at work – this is an extremely unfortunate incident, especially if you want to command the respect of your colleagues. Therefore, the offender should not be left unpunished. Moreover, the legislation stands on the side of the victim and protects him from arbitrariness.

What to do if a claim has been filed against you?

If you have been informed that a complaint has been filed against you for threatening and insulting, you must proceed from the circumstances of the case that led to the insult. The outcome depends on the degree of your guilt and the guilt of the applicant.

You will have the following options:

1. 
   Collect evidence of the applicant’s guilt and file a counterclaim.

2. Repent and do not argue and pay the fine that will be charged to you.
3. Reconcile with the applicant and close the case after reconciliation of the parties.

If a complaint of insult has been filed against you , the best option would be to reconcile with the other party, which will close the case and it will not be referred to the administrative commission or court.

This can be done in two ways:

1. Explain to the applicant that you will take certain measures and prove his guilt, since both took part in the conflict. After this, offer to reconcile.
2. Apologize for your behavior to the victim, offer small moral compensation and reconcile with him.

Please note that the official to whom the application was submitted will assist you in this process. By informing him of your intentions, you can reconcile through his mediation.

Any conflict is destructive in nature . Such relationships can be corrected through reconciliation, even if the parties have descended into one-sided or mutual insults.

You always need to understand that only the same can be produced from conflict and grievances. But if you think that retribution from the perpetrator is necessary for the offense inflicted on you, act with confidence.

How to properly write an appeal to the police, court, prosecutor's office

You should consider this decision carefully before making your application. The main question that needs to be answered is “is there enough evidence to punish the offender?” If you have confidence in your own abilities, you should act like this.

Tips for writing an appeal

You should include information about yourself (about the injured person) in your appeal:

• FULL NAME;
• telephone;
• residential address;
• passport details.

Important!
The telephone number must be indicated so that law enforcement agencies can easily contact the applicant to clarify information. You should describe what happened as carefully as possible, but clearly and without emotion. There must be a description of the actual insults, a list of characters, witnesses, and so on. The location of the incident must be indicated, preferably the exact address.

One statement without evidence cannot lead to proper consideration by human rights defenders. Therefore, it should be accompanied by information about witnesses, photographs, audio and video recordings, printouts of Internet pages or SMS.

Attention! Applications to the prosecutor's office without indicating a return address will not be considered.

Important Rules

Despite the fact that the appeal can be written in a free format, it must comply with the following rules:

• in the upper right corner the name of the body is written, if possible, then information about the official to whom the document is addressed (full name, position);
• “Statement” is written in the middle of the document;
• then the rule of law that was violated by the attacker is indicated;
• What follows are the detailed circumstances of what happened;
• the next point is evidence;
• date and signature of the applicant.

Important! If law enforcement agencies have the opportunity to obtain additional evidence (for example, recordings from external surveillance cameras), this should be noted in the appeal.