LawCriminal law

Is the offense an insult (Article 130 of the Criminal Code of the Russian Federation)?

Alas, in today's world, full of stresses and negative moods, it is almost impossible to hide from rudeness. Often offensive words, abandoned by a passer-by, a gloomy neighbor or even a friend, hurt the soul and make you sad. But do not forget: there are words and deeds that you can forgive other people, but there are those that can not be forgiven. It was not for nothing that once the insult was brought to the Criminal Code of the Russian Federation as a criminal offense - a crime. With the adoption of Federal Law No. 420-FZ of 07.12.2011, the article 130 of the Criminal Code of the Russian Federation "Insult" has lost its force. Nevertheless, the analysis of insult as a crime is important for a deep understanding of the essence and principles of criminal law, which protects public and personal interests. Detailed analysis of art. 130 of the Criminal Code before losing its force will also be useful to all those who study the history of domestic criminal law and are interested in the prospects for improving the current law.

The objective side

In order to study the theory, let's imagine that this article 130 of the Criminal Code of the Russian Federation is still in force, and we will examine in more detail the objective side of the crime called "Insult". These are actions that consist of a negative evaluation of the victim's personality, and such an assessment degrades the honor and dignity of the person. The insult can take place both with outsiders and with the victim. Moreover, it can be carried out in absentia, for example, through a written communication.

To recognize any statement as an insult, it is necessary that the form of recall of the victim's personality be indecent. What does it mean? An imprecise assessment inevitably contradicts the rules of interpersonal communication, violates the generally accepted norms of morality and ethics. Due to indecent treatment of the victim, there is an illegal humiliation of honor and dignity. It is not necessary, however, to insult the victim in the face: it can be disclosed to third parties provided that the victim is told.

It is necessary to distinguish an insult from slander. Slander does not correspond to reality, while an insult (in fact, a negative evaluation, expressed aloud, expressed by an act or recorded on paper) can fully correspond to reality. To qualify a crime, this aspect is not particularly important; Meaning indecent form of recall, detrimental to the honor and dignity of the offended person.

Forms of insult

We will clarify all the forms that an insult can take (130, CC RF):

  • Verbal;
  • Written form;
  • Physical actions.

To physical actions spits, slaps and other single blows, indecent gestures and other offensive gestures are equated. It is noteworthy that in the domestic criminal legislation (Article 130 of the Criminal Code) physical actions were never directly equated with insults, but they can not be written off: by their meaning, spitting in the face and indecent gestures represent a negative assessment of the victim's personality.

Qualification

The decisive factor in the question of qualifying a criminal offense as an insult, according to the canceled art. 130 of the Criminal Code of the Russian Federation, the intent of the offender's intent is recognized. His actions should have one goal - a deliberate humiliation of the honor and dignity of the victim.

Illegal actions can be aimed at one particular person, as well as a group of people. Personal addressing is an important part of insult. If negative personal assessment is made to an unknown addressee and the victim as such is absent, the event can be qualified as another crime, for example hooliganism.

Corpus delicti

The offense is considered to be formal. The punishable act is over at the moment when illegal actions are committed aimed at a specific addressee. If the victim is absent in the commission of the specified actions, the crime is recognized by the authorized bodies terminated from the moment of the third persons' communication of the expressed (or committed in another form) insults.

The subjective side

In the sense of the repealed article 130 of the Criminal Code (insult), the subjective side of the crime being analyzed is always characterized by exclusively direct intent. The judge may also take into account the motives of insult when imposing punishment .

The subject can be any person provided that sanity and achievement at the time of committing criminally punishable acts are sixteen years old.

conclusions

Is the offense an insult (Article 130 of the Criminal Code of the Russian Federation)? The answer is clear: no longer. Did the public benefit from repealing such articles of the Criminal Code as "Slander" and "Insult"? Not yet known. The same articles were moved to the Code of Administrative Offenses, and the "Slander" disappeared altogether after the adoption of Federal Law No. 141-FZ of 28.07.2012. The insult is now punishable by a simple administrative fine and does not lead to a criminal record.

As far as these changes contribute to the rule of law, the future will show.

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