Insulting the feelings of believers (article 148 of the Criminal Code). The law on insulting the feelings of believers

Insulting the feelings of believers in Russia is a criminal offense. Only it is far from always possible to bring a citizen-violator to justice. And if it turns out to be done, then we have to try hard. In some cases, even to understand the law is not necessary - too painfully light measures in practice are applied to violators, insulting believers. Therefore, many people try to close their eyes to the event, or somehow fight the problem themselves. Nevertheless, in Russia there is a law on insulting the feelings of believers. More precisely, the Criminal Code contains an article that regulates the penalties imposed for the act committed. It prescribes possible cases and norms that help the judiciary to take correct measures to suppress repeated violations of freedoms and rights of religion. So what can you expect in this or that case?

To the public

Insulting the feelings of believers can be punished by different methods. It all depends on how the crime was committed. Of course, circumstances and even small details can influence the court decision. Article 148 of the Criminal Code begins with the fact that it offers the simplest and not very serious measures for simply insulting the feelings of believers and human freedoms in public. That is, in a public place, without any aggravating circumstances. In general, the punishment for this act may be different. Some measures do not frighten anyone and do not detract from public insults directed at the faith and freedom of man.

For example, it is worth paying attention to the fine for insulting the feelings of believers. It can be different, depending on the severity of the crime committed. If there were no aggravating circumstances, one can hope for not the heaviest punishment. Most often, as it is not difficult to guess, a monetary penalty is imposed.

The law on insulting the feelings of believers says that in a simple offense that is not burdened by any other circumstances, it is necessary to pay up to 300,000 rubles. In principle, this is almost as much as in practice they pay for moral damage. Either cash payments can be expressed as any income of the offender. The offender will pay the amount that the court will issue him, but it should not exceed the citizen's profit in more than 2 years. It is these rules that are established in Russia at the moment.

To work

Insulting the feelings of believers (art. 148 of the Criminal Code) may also be punished with public works. True, the duration of these will vary depending on the specific situation. Most often, cases that do not have any burdensome circumstances are considered. For example, what does the violation described in the first part of this article entail? We are talking about cases when an insult to the freedom of religion occurred in public, but not in some religious institutions.

That is, you can not only get a fine. Insulting the feelings of believers, according to the legislation of the Russian Federation, is also punishable by public works. Mandatory or compulsory. Not so common measures, but they take place. In practice, a monetary payment is most often appointed. It is considered less unpleasant, and more effective. Mandatory work in the commission of such a crime will last up to 240 hours, and compulsory - several times longer. The court has the right to make a decision according to which social work lasts up to 12 months. This is a more serious measure, but it, as practice shows, does not particularly stimulate violators to comply with the laws. But the fine is quite.

Behind the bars

Insulting the feelings of believers (art. 148) is not only public works and cash payments. This is also more serious measures, as well as consequences. In practice, without aggravating circumstances, the next variant of the development of events is extremely rare, but it takes place. It's about deprivation of liberty.

That is, for insulting the feelings of believers you can get caught in jail. If you just committed this crime in a public place, be afraid! After all, in this situation, prison imprisonment in the colonies of different regimes (at the discretion of the court, more often correctional or general takes place) is for a maximum of one year. Not too much, but not a little.

Fortunately, as has already been said, such an alignment of events rarely takes place. After all, the insult of feelings and freedoms in Russia is very often simply not considered a crime of a criminal nature because of the lack of claims from the victims. Nobody needs extra trials, especially if someone has insulted your faith in a public place. This, unfortunately, is not so rare a phenomenon to immediately run to court. Although by law you have the full right to do so. And to use it or not, decide on your own.

Special places

Article "Insulting the feelings of believers" (Criminal Code of the Russian Federation) is, as we have already found out, a criminal offense. And it is punished by different methods. Some of them are frightening, some are in general a mere formality, which does not motivate citizens to observe laws. More serious measures are applied to violators if an insult to a person's faith occurred in specially designated religious places. For example, in a church or near an altar for worship. This is already considered an aggravating circumstance. And so it is worth preparing for more serious measures to curb the re-offense.

Insulting the feelings of believers, the court is able to punish, again, cash payments. Of course, this is a fine. In this case, it increases, and already significantly. For insulting the freedoms and rights of religion in specially designated religious places, you will have to pay a maximum of 500,000 rubles. Or you can lose your own income for 3 years. This is the limit value. Not necessarily income should be expressed in the form of wages, consider this. The main thing is that only official profit is taken into account.

Work

The insult to religious feelings of believers, which was committed in specially designated places for such citizens, is punished, as it became clear, more seriously than the usual disagreements and belittles in public. This is all reflected in the penalty, and on all other measures listed above. So in Russia there are many laws. That is, the same measures are applied, but they become more serious.

Social work for the committed offense also takes place. Compulsory and forced labor - no one canceled them. Yes, in practice, insulting the feelings of believers (CC, Article 148, RF) with such punishments is almost not punished, but according to the law, they take place.

The period of compulsory work will increase. Now, instead of 480 hours of work, you will have a maximum of 360. This is not so much, if you think about it. Compared with compulsory. After all, from now on their duration will increase several times. Now it will be 3 years maximum. A specific deadline will be established only when the court debate, taking into account all the circumstances and events that have arisen.

To freedom

The law on insulting the feelings of believers, as we have already explained, also implies deprivation of liberty. That is, you can "zagremet" behind bars for a certain period. On what and with what consequences, depends on numerous circumstances. But, as practice shows, after a committed violation in specially designated religious places, a special rule will be applied to the stumbled. Which one? About this a little later.

To begin with, it should be noted that insulting the feelings of believers (CC RF, article 148) is punishable by imprisonment. If the crime was committed in specially designated places for believers, the punishment will be a maximum of 3 years - as much as forced labor can continue. This is already a really serious measure, which many fear. But at this stage, the punishment does not end. Article of the Criminal Code "Insulting the feelings of believers" provides for additional measures that will be imposed (or not - at the discretion of the judiciary) after release from prison.

Additionally

The thing is that in the second part of Art. 148 of the Criminal Code can be seen: in addition to deprivation of liberty, violators have the right to apply special measures. Not the most terrible, but, we can say, stimulating to correct behavior.

What is it about? In addition to deprivation of liberty, in some cases (which, the court decides in the proceedings in each case), restraint of freedom also relies. It is also called a conditional term. In the course of this you will be convicted, you will have to be noted in the police, and also simply take into account that you have committed a crime. Restriction of freedom is simply the same serving of punishment, but in a habitual environment for us in the course of which it is impossible to violate the law. Otherwise, in any proceedings, such a measure will be regarded as an aggravating circumstance.

For insulting the feelings of believers in specially designated religious places, as well as in the area intended for worship and religious rites, not only deprivation of liberty, but also a suspended sentence is required. If it will be assigned to you, please note: its maximum duration is only 1 year. Compared with imprisonment, this figure is negligible. Nevertheless, as has already been said, the restriction of freedom is implicit in the law, as a measure of punishment, not always. In practice, it occurs in most cases. This is a great motivation for correcting one's own behavior.

Let

Very interesting cases are also considered in the legislation. For example, what does a criminal who unlawfully interfere with the activities of religious organizations or similar events be entitled to? Strangely enough, but this act is also regarded as an insult to the feelings of believers (CC RF). And, of course, violators will certainly be subject to certain measures of restraint of a second offense. For example, fine. This, as you can see, is the measure used in most cases. And not only with insult to freedom and faith. In practice, it is appointed very often. When illegally practicing obstacles to religious rites, as well as obstructing the legitimate activities of religious associations, a monetary penalty is required. It is exactly the same as in the case of ordinary insults - either 300,000 maximum, or wages / income of the convicted person for a period not exceeding 24 months. In principle, many have already given this measure stimulates.

Compulsory and corrective work also takes place. Only they are not too often appointed when practicing obstacles to legitimate religious activity. In the first case, the punishment lasts a maximum of 360 hours, in the second - up to 12 months. Not the most serious measures, but they take place. In comparison with insults in public places intended for rituals, the punishment given is not so terrible.

Another, but non-standard measure for our today's article is an arrest. An insult to the feelings of believers (CC) can be punished with such a measure. The arrest will be imposed on the citizen if he interfered with the legitimate activities of religious associations, and also prevented all efforts (or tried to do so) to conduct rituals. Of course, we are talking only about legal cases, nothing more.

The arrest in such a development of events will not be too long - 3 months, this is the limit. In practice, most often the one who was attracted for insulting the feelings of believers (the list of possible punishments is already known to us), gets fined and arrested for 15 days. This is quite normal in Russia. Rather, such an event can be called an unspoken law.

Service position

But this article of the Criminal Code does not end there. The thing is that there are some aggravating circumstances that are really punished by higher measures. Insulting the feelings of believers (article 148, RF Criminal Code), or rather, an illegal obstacle to religious events in the application of official position - this is indeed a serious crime. And it, as practice shows, is punished most severely.

For example, fine. It's not that big, so it's rarely used in practice. In total, you will have to give up to 200 000 rubles, or your income for a period of up to 1 year. It's not too much, if you think about it. Compulsory, corrective and forced labor also take place. Their judicial bodies in practice are appointed much more often than fines in this case.

How long will this punishment last? It all depends on the type of work assigned. For example, mandatory - 480 hours, compulsory - 1 year, correctional - 24 months. These periods are considered to be maximum, in some cases they are able to decrease at the discretion of the court. But in reality this happens very rarely.

Deprivation of liberty with some additional measures also takes place. In this situation, when the violation was accompanied by the use of official position, it would be necessary to "sit out" for up to 1 year, and for 2 years to lose the right to occupy certain posts and posts (usually leading), as well as to conduct one or another activity for the same period. It is this measure (instead of arrest) that will be applied to the offender. Perhaps, when using the official position in order to offend the feelings of believers (article CC 148), this is the most common case.

Threats and violence

The last situation that can only be considered in our article today is threats of violence or direct execution of these actions. It is, of course, the cases in which you illegally tried to discourage religious activities, as well as the activities of such organizations.

The thing is that for this violation, we already know the measures of restraint of a repeated crime. Which ones? Exactly the same as for the use of official position.

That is, you can get a fine of 200 thousand rubles or the collection of any of your official income for 12 months. In addition, the appointment of various types of public works - mandatory, compulsory and correctional. Their maximum duration is already known. This is 480 hours, 12 months and 2 years, respectively. To get to prison (which, the court decides) is also possible, moreover, and additionally lose the right to conduct this or that activity. Restrictions also apply to labor. You will not be able to work in any areas, as well as occupy certain positions. In practice, most often we are talking about leadership positions. This kind of restriction is superimposed for 2 years maximum. But "stay" will have about a year. Maybe less, if so decide the judicial authorities.

As you can see, an insult to the feelings of believers (the article regulating the punishment for the committed crime in this or that case, we know) is a really serious violation. And if you approach the issue correctly, you can always protect your rights and freedom of religion. In practice, as has already been said, this does not happen very often. After all, few will prove that his views were somehow hurt.

The main problem that can arise during the judicial debate is evidence. That is, you will have to prove that you belong to this or that faith, and also follow it. Otherwise, the article simply will not work. It is advisable to have some uninterested witnesses who can confirm your words.

Of course, the law will act, as has been said, only if religious rites and events, as well as acts of religious associations are recognized as legitimate. Otherwise, it will not be possible to find the protection. In addition, the above penalties are not applied to the faith recognized as dangerous and illegal. For example, Satanism. Satanists can not use the law. Insulting the feelings of believers (Article 148 of the Criminal Code) does not apply to Satanists, since this "faith" is officially banned in Russia. But all the rest have the full right to operate with Russian legislation. Such rules are established in the country. As you can see, everything is not as difficult as it seems at first glance. The main thing is do not be afraid to defend your rights to worship if they were hurt. The court will necessarily stand by your side, if your activity carries no danger to the society and is adequate, legitimate.