Alas, in today's world, full of stress and negative moods, it is practically impossible to hide from coarseness.Often, hurtful words thrown at random passers-by, scowling neighbor or even a close friend, wounded soul, and make sad.But do not forget: there are words and actions that you can forgive others, and there are those who just can not.No wonder sometime in the Criminal Code was introduced in the insult as a criminal offense - crime.With the adoption of the Federal Law of 07.12.2011, № 420-FZ considered Article 130 of the Criminal Code "offense" has lost its force.However, analysis of the offense as a crime is important for in-depth understanding of the essence and principles of criminal law, the custodian of public and personal interests.Detailed analysis of Art.130 of the Criminal Code before it loses its strength will be useful to all those who study the history of domestic criminal law and is interested in the prospects of improvement of the current law.
objective side
In order to study the Theory imagine that the said article 130 of the Criminal Code is still in force, and a closer look at the objective side of the crime called "insult."This action consisting in a negative assessment of the personality of the victim, and this estimate degrades the honor and dignity of the person.The insult may take place in front of strangers, and alone with the victim.Moreover, it can take place in absentia, for example through a written message.
to recognize any insult to the statement, it is necessary to recall the shape of the identity of the victim was indecent.What does it mean?Indecent assessment inevitably contrary to the rules of interpersonal communication, violates generally accepted norms of morality and ethics.Due to improper handling of victims unlawfully humiliation of honor and dignity.Optionally, however, express an insult in the face of the victim: it can be said to others, provided the transfer said the victim.
should be distinguished from the insult of slander.Slander is not true, while an insult (in essence, a negative assessment, expressed aloud, expressed or deed recorded on paper) can fully comply with reality.For this aspect of the offense is not particularly important;importance indecently reviews, damaging the honor and dignity of the offended person.
form of insults
clarify all the forms that can take an insult (130 of the Criminal Code):
- verbal;
- writing;
- physical actions.
The physical actions are equated spitting, slapping and other single strokes, obscene gestures and other offensive gestures.It is noteworthy that in domestic criminal law (Art. 130 of the Criminal Code) physical action never explicitly equated with insult, but you can not write them off: in its meaning spitting in the face and obscene gestures are negative assessment of the personality of the victim.
Qualifications
decisive factor in the issue of qualification of a criminal offense as an offense, according to the canceled item.130 of the Criminal Code, the criminal intent is recognized orientation.His actions should have the same goal - a deliberate humiliation of honor and dignity of the victim.
illegal actions can be targeted as a specific person or a group of people.Personal addressing - an important component of the offense.If negative personal assessment suggested an unknown correspondent, and as such there is no victim, the incident could be characterized as another crime such as hooliganism.
Ingredients Ingredients crimes
insults recognized formal.Punishable acts completed in the moment when the wrongful act aimed at a particular destination.If the victim is not in the commission of such acts, a crime recognized by the competent authorities over from the moment he posts made by third parties (or committed to some form of) insults.
subjective side
For the purposes of Article 130 of the abolished Criminal Code (insult) of the subjective aspect of the offense is characterized by always analyzed very direct intent.The judge in sentencing may also take into account the motives of insults.
The subject may be any person subject to sanity and achieve at the time of the criminal acts the age of sixteen.
Conclusions
Is an insult to crime (article 130 of the Criminal Code)?The answer is unequivocal: no longer exists.I won the public of the cancellation of the articles of the Criminal Code as "slander" and "insult"?Not yet known.The like the article moved to the Code of Administrative Offences, and "Slander" and disappeared completely after the adoption of the Federal Law of 28.07.2012, № 141-FZ.Insult is now punishable by the same simple administrative fine and does not entail a criminal record.
How these changes contribute to the rule of law remains to be seen.
