Theory and practice of punishment for insulting the personality

click fraud protection

modern Russian law treats identity as an insult to the humiliation of honor and dignity in an improper form.

Not so long ago for insulting could not just pay the fine and go to jail for two years.Now, this crime has received other legal assessment.

Since 2011, ceased to be a personal insult criminal offense.130th article of the Criminal Code of Russia lost its force after the Federal Law №420.Then, lawmakers have added the fifth chapter of the Code of Administrative Offences Article 5.61.

Now citizens are responsible for personal injury, only paying a fine of up to 3 thousand rubles.If the offense is applied by an official, the fine may reach 10-30 thousand rubles.Legal entity insult can cost 50-100 thousand.If

citizen insulted during a public speech in the media or during the demonstration of the product, the offender will have to pay up to 5 rubles.Insult to the official, can result in a fine of 30-50 thousand rubles.Organization (legal entity) may be required to pay up to 500 thousand.

When no measures were taken to work in, which is demonstrated in public, there was no abuse, a legal entity can be fined up to 30-50 thousand rubles.With the official court may claim 10-30 thousand rubles.

If a citizen believes that the punishment for insulting a person must be, he can file a complaint with the court.How to draw up this document, explaining the legal advice.The appeal shall be a magistrate or the court at the place of residence.

written request instituting proceedings will, if there is evidence that there has been a personal insult.This fact can be confirmed by the testimony of witnesses, names and addresses are listed in the document.If the insult inflicted in public work, you need to have it recorded.

proof that the person was an insult, and audio recordings can be.Such evidence should be presented in a digital medium, and magnetic tape (recorder).The recording is done in self-defense and should not be hidden.The citizen must get a recorder and warn the offender of early fixation of insults.In order to attach the tape to the point, you need to write a statement.

3 days after the complaint has to be taken the decision to adopt it for production.Once that happens in the trial will receive the status of aggrieved private prosecutor and the offender will be accused.

After the complaint will be taken to the production, within seven days of the accused called to the court.If he fails to appear, it will be sent by mail a copy of the complaint.This administration will also be described in the possibility of reconciliation.

When the accused will come to the meeting with the judge, who will listen to him and ask who else you can invite as witnesses.

Any judge considering personal injury, first offers reconciliation.If the prosecutor and the accused agree, then write the corresponding application and the court will not.It is important to bear in mind that the re-initiation of the case on the complaint is not going to happen.

If reconciliation has not occurred, will be assigned to the hearing.The first hearing to be held no later than fourteen days from the date of filing a complaint in court.