Insulting a person: how to bring them to justice

Sample statements of personal insult

ATTENTION! Look at the completed sample statement of personal insult to the district police officer:

You can DOWNLOAD sample statements of personal insult from the links below:

1. Statement of personal insult to the district police officer
2. Reporting personal insult to the police
3. Statement of personal insult to the Prosecutor's Office
4. Personal injury claim in court

Article 130 of the Criminal Code of the Russian Federation is not the only one under which it is possible to attract

According to Russian legislation, the personal dignity of every citizen is inviolable. However, in case of insult to the honor and dignity of a person, penalties under the administrative code are levied in favor of the state. Many people are not happy with this, and this situation can be resolved in the following way.

It is necessary to sue the offender for insult to honor and dignity under Article 150 of the Civil Code - moral damage. In this case, the plaintiff is entitled to compensation for the suffering caused. Of course, if the fact of their existence is proven during the trial.

How to write an application correctly

Basically, documents of this type are created at the discretion of the victim.

The application must include:

• key circumstances of the violation (when, where, in what form),
• the subject of the insult,
• what was the insult?
• what nuances of the violation give the right to assert that an insult occurred,
• a request to take measures or fulfill the specified requirements,
• date, signature.

There is no specific established form for reporting insult. If drawing up an application is difficult, it is better to contact a professional.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

When to complain

As with other violations, it makes sense to file a statement in cases where there is a number of evidence of illegal actions committed.

The main thing is to determine whether the violator’s actions will be classified as an insult. It must not only humiliate the honor and dignity of a person, but also be expressed in an indecent manner.

Only under such circumstances will the action be considered an insult, and a statement must be created.

You should write a statement in the following situations:

• insults via telephone calls,
• humiliating attacks at work or from an ill-mannered neighbor,
• insults on social networks,
• insults in public places or in the media (for example, obscene language).

If the applicant has the intention to bring the violator to administrative responsibility, then he must take the following actions:

• prove the existence of insults,
• tell about all the suffering (moral or material, physical) that occurred after the described incident,
• collect the required evidence,
• find witnesses to the event,
• assess the damage that was incurred due to the incident, as well as moral damages in monetary form.

Please note! Only after completing these actions can you safely draw up a statement.

Written offensively

In one of its recent decisions, the Trans-Baikal Regional Court ordered a citizen who sent a “hot” SMS to pay 5 thousand rubles as compensation for moral damage to his addressee.

It is noteworthy that the court of first instance, having studied the message, did not find anything in it that went beyond the law. Yes, the text was clearly unpleasant for the recipient, but for some reason the lower court decided that the sender, although offending the recipient, did not defame him enough to be punished for it with a ruble. The second instance did not agree with this conclusion.

“The court of first instance considered that the disputed text of the SMS did not contain information discrediting the plaintiff and refused to satisfy the claims,” the Trans-Baikal Regional Court says.

The Judicial Collegium for Civil Cases of the Trans-Baikal Regional Court overturned this court decision because, having analyzed the screenshots of SMS messages received from the defendant presented by the plaintiff, it came to the conclusion that these statements contained unacceptable expressions that were unacceptable to society, and derogatory comparisons were applied to the plaintiff, which are offensive in nature, SMS messages contain invective language.”

Invective language is foul language, by the way, not necessarily obscene.

One point is important in the legal position of the Trans-Baikal Regional Court: the concept of defamatory information is actually expanding. Narrow approach: to satisfy a claim for protection of honor and dignity, it must be about negative false information about a person. For example, that he is a thief, although in fact he has never even stolen a silver spoon in his life. If you simply call a person a pig or curse him, then this is not defamatory information, but a banal insult. This should be punished under the Code of Administrative Offences. The fine under the relevant article is from 1 to 3 thousand rubles.

A broad approach: any insult is already a reason to protect the honor and dignity of a person. Call your neighbor a pig, reach into your pocket and pay him compensation.

The decision of the Trans-Baikal Regional Court is not unique; the practice is already gaining momentum. The usual amount of compensation for moral damage in cases of electronic harassment is 5-10 thousand rubles. Plus, the defendant must pay court costs.

The usual amount of compensation for moral damage in cases of insults on the Internet or SMS messages is 5-10 thousand rubles

A similar approach can be used when receiving offensive SMS messages, and offensive messages in instant messengers, and, naturally, to rein in Internet trolls - those who like to throw mud at their interlocutors on the Internet.

By the way, experts have recorded a sharp increase in cases of electronic bullying. While at home, not everyone sends bright emoticons across the Internet; for many, electronic swearing has become a lifestyle. And now online trolls have a lot of extra time.

The procedure is as follows: it is advisable to first write a statement to law enforcement agencies and obtain punishment under the Code of Administrative Offences. Then file a lawsuit for protection of honor and dignity. The decision to punish the offender will be additional evidence. But you can immediately file a claim in court.

“Since 2011, the Code of Administrative Offenses of the Russian Federation has contained a norm providing for liability for insulting citizens, including in the media,” notes Dmitry Lipin, Deputy Executive Director of the Chief of Staff of the Russian Lawyers Association. “At the same time, this provision does not contain a special clause providing for liability for insult on social networks.”

The difficulty of bringing to justice for insult on the Internet is that it is necessary to use resources and carry out a number of technical measures in order to establish the identity of the author of the insults, since the Internet still allows maintaining a certain degree of anonymity.

In addition, there is a risk that information necessary for legal proceedings can be quickly removed from the source. On the Internet, deleting your message is as easy as shelling pears. Messengers also have the ability to erase your messages from other phones if you smell something fried. Therefore, experts advise first of all to record the facts of insults on the Internet with a notary. The notary will examine all the necessary Internet pages: correspondence in email, social networks, etc. and draw up a protocol.

The protocol has no statute of limitations, as it reflects information as of the date of its preparation. Thus, if information from the site is deleted after 10 minutes, a day or a week, the record will still remain indisputable evidence during the trial. Since all notarized documents have increased evidentiary value in court, the facts reflected in the protocol will not require additional confirmation. And if the applicant’s rights were violated, he will be compensated for damages or moral harm.

From December 29, 2021, Russian citizens will have the opportunity to apply for security of evidence without leaving home: a law will come into force allowing such notarial acts to be carried out in a remote format.

According to the Federal Notary Chamber, every year the number of requests to a notary for such a service grows by an average of 15-20 percent.

Required evidence

To prove the fact of insult, two witnesses were previously required in whose presence it occurred. Now this procedure has been simplified, since the violation is considered for the most part administratively on the basis of Article 5.61 of the Code of Administrative Offences, which does not carry legal consequences in the form of a criminal record, which can remain for a long time and have a negative effect on the life of the violator.

In addition to the testimony of witnesses, video or audio recordings, photos and other materials can be used as evidence.

It is clear that it is impossible to predict when an offense will occur and, most likely, it will not be possible to turn on the recording device in time. However, many people turn it on in almost all cases when the conversation becomes heated.

Remember! This method always allows you to protect your own rights, as well as punish the violator. If the victim did not have time to do this, he needs to find out from those around him whether anyone managed to record the words of the offender on a smartphone.

In addition, you should not be embarrassed to contact others and ask for their addresses so that they can be witnesses.

If the conflict occurred in a public space, you should ask where the cameras are and whether the dispute was captured by them.

It is no more difficult to confirm the guilt of a citizen who constantly allows insulting shouts at the victim in everyday life. Such cases often occur in neighborly relations. Here you need to act carefully, communication with the subject should be completely under control.

Claims in civil cases.

Evidence should be collected as follows:

• turn on the recording device (secretly) when the offender begins offensive dialogue,
• if a person insulted, and the victim was unable to record it, you can: turn on the recorder in advance (secretly), start a conversation about the fact that last time he allowed the following (repeated) phrase to be expressed, for which the victim demands an apology from him. His actions to this, if he does not apologize, but continues to make negative statements, will be recognized as evidence,
• gather your friends and start the same conversation so that they become witnesses,
• ask other victims who are being abused by the subject to join forces.

You can find many such methods and actively use them.

Watch the video. Liability for insult:

Types of punishment

Today, the punishment for insulting honor and dignity is not as severe as it was before.

Article 130 of the Criminal Code of the Russian Federation, in force until 2011, implied the following:

1. For ordinary insult - penalties in favor of the state in the amount of 40 thousand rubles, six months of correctional labor or a year of imprisonment;
2. For public insult - penalties in favor of the state in the amount of 80 thousand rubles, 180 hours of compulsory labor or 2 years of imprisonment.

Previously, there were very strict penalties for insulting honor and dignity. The sanctions were relaxed due to the fact that many people were prosecuted without reason, without wanting to offend anyone. However, the fact of insult to honor and dignity is very subjective. It is viewed from the point of view of moral standards, and criminal liability in a person’s personal file can negatively affect his future life.

District and Police

collective complaint to the district police officer for free in word format

If you are insulted by a neighbor, you should first go to the local police officer. District police receive visitors at certain times. The schedule can be found at the Police Department. You should come at the appointed time, explain what happened and make a statement.

You can take witnesses of the conflict with you. There is no desire to look for a local police officer - you need to contact the Police department at your place of residence. The application must be accepted, registered and handed over to the district police officer.

If the applicant is not the only victim of insult, then a collective statement is created with a request to bring the offender to administrative responsibility. This action is more effective than an individual document.

The application must be reviewed by the Police within ten days.

ATTENTION! Look at the completed sample of a collective complaint to a district police officer about insult:

Appeal to the Prosecutor's Office

Initiate administrative response measures within the framework of the article. 5.61 of the Code of Administrative Offences, the Prosecutor's Office also has the right. Consequently, the victim can send a statement of insult directly to the Prosecutor's Office. You can write it by hand or print it.

You need to create two copies: one to give to an employee of the Prosecutor's Office, and the second with a mark of acceptance to take for yourself.

The time period for consideration of the application is from fifteen to thirty days. The prosecutor will inform the applicant about the decision (whether to initiate an administrative case or not). You can appeal the refusal to a higher authority or a judicial authority.

Article for insulting a person on social networks and on the Internet.

How to make a statement to the Police about a threat to life and insult, read here.

How to file a complaint against the actions of Police officers, read the link: https://novocom.org/dokumenty/zhaloby/obrazec-zhaloby-na-dejstviya-sotrudnikov-policii.html

Where to contact in case of abuse

Over the past few years, the classification of this offense has constantly undergone changes. There was a similar article in the Criminal Code. But today, for insulting the honor and dignity of citizens, administrative liability is provided in accordance with Art. 5.61 Code of Administrative Offenses of Russia. But in order to bring the offender to this responsibility, it is still necessary to figure out where and in what cases one should turn in this situation.

So, we found out. A citizen who has been insulted can write a statement about this incident to the relevant authorities:

• police;
• the prosecutor's office;
• judicial authorities.

It all depends on factors such as:

• the relationship between the offender and the victim;
• at what stage the case is being considered;
• availability of reasonable evidence of the crime.

Police

If the matter is urgent, you must report the incident to the district police officer. You can also write a statement to the police department. You can send it in one of the following ways:

• postal service;
• in electronic form on the official website of the Ministry of Internal Affairs;
• through the mobile application "Ministry of Internal Affairs of Russia".

Prosecutor's office

Typically, the prosecutor's office is involved in cases where a citizen has been insulted by an official. Then the victim has the right to contact the prosecutor’s office at the place where the offender works or at his place of residence.

To contact the prosecutor, you should collect at least some information about the offender. In this case, the application can be submitted in the following ways:

• in person by making an appointment;
• postal service;
• electronically by mail;
• by fax;
• on the official website of the Prosecutor's Office of the Russian Federation.

In order to be able to go straight to court with your statement, you must have very strong, undeniable evidence of your opponent’s guilt. Keep in mind that usually an application is submitted here after a pre-trial check, and in case of refusal to formalize documents by the police.

In this case, the identity of the culprit must be accurately established. And the application itself is sent to the judicial authority at the address of your opponent’s residence.

A claim for personal injury can be filed in court:

• in the office in person;
• by postal service against signature;
• electronic.

Statement of claim to court

Another method of protecting one’s own honor and dignity is the court.

Unlike an appeal to the Prosecutor's Office, a statement of claim is created according to certain rules. They are contained in Articles 131 and 132 of the Civil Procedure Code.

The document should indicate:

• name of the judicial authority,
• information about the plaintiff (full name, address and contact information),
• information about the defendant,
• circumstances of the incident (time, place and essence of the offense),
• legal basis for the requirement (reasons why the violator’s actions are considered an insult, references to legal acts),
• amount of compensation for moral damage,
• request for compensation payments,
• list of attached documents (according to the number of entities participating in the case),
• date and signature.

Where to send a claim for insult? It should be submitted to the office of the specific court.

Note! There is a state fee of three hundred rubles for filing a claim. It must be paid in advance and a receipt must be attached to the application. If you manage to win the case, the paid state fee will be recovered from the opposite side of the dispute.

What to do if you are insulted

It should be understood that in practice it is very difficult to prove the fact of insult to honor and dignity, even if there is evidence in the form of screenshots of correspondence, recordings of telephone conversations, etc. During the trial, the judge may find that the defendant did not intend to offend you. Therefore, in order to significantly increase the chances of a successful outcome of the trial, it is necessary to enlist the support of a qualified lawyer who will help you correctly draw up a statement and represent your interests in court.

It is very important to confirm the existence of moral suffering. Any documents and papers related to the case will do. These may include certificates from doctors or receipts proving the fact that you purchased sedatives, sleeping pills or sedatives. If you want to win your case, you need to prepare an evidence base.

Remember that you should file a claim at the place of registration of the person who insulted you. Indicate the maximum allowable amount of moral damage - during the trial the judge will reduce it anyway. Having witnesses on your side significantly increases the likelihood of punishing the offender who insulted you.

IMPORTANT !!! The statute of limitations for a crime under Article 130 of the Criminal Code of the Russian Federation is 3 months from the moment when your honor and dignity were insulted. Therefore, do not delay contacting the prosecutor’s office if you want to bring the offender to justice.

Liability for insult to personality

First you need to figure out what responsibility insulting a person entails. Previously, there was a criminal article for such a violation.

At the moment, there is only administrative liability for insulting a person.

Article 5.61 of the Code of Administrative Offenses contains the following sanctions for insulting a citizen:

• humiliation of the dignity and honor of a person, expressed in an indecent manner, is punishable by a fine: for individuals - from one to three thousand rubles, for legal entities - from fifty to one hundred thousand rubles,
• insult in the public space, as well as in the media: for citizens - from three to five thousand rubles, for organizations - from one hundred to five hundred thousand rubles,
• inaction in case of public insult, as well as insults in the media: for officials - from ten to thirty thousand rubles, for organizations - from thirty to fifty thousand rubles.

Claim for compensation for moral damage.

Bill for one

The matter of honor, which the Tuvan publication wrote about, apparently continued with the bill in question.

Article 152 of the Civil Code of the Russian Federation provides not only for refutation, but also for the recovery of damages and moral damage. The moral damage caused to all residents of the republic in monetary terms can be quite significant - more than 250 thousand of the adult population of the republic. Well, the Code of Civil Procedure does not limit the number of plaintiffs - theoretically, it could be the entire population of the region. The amount of losses is also essentially unlimited.

In any case, the violated honor must be restored. The court deals with issues of restoration. Perhaps this is why the legislators of Tuva want to establish a new jurisdiction and it is somewhat difficult to believe that the courts of the republic will be lenient in matters of honor. It is not difficult to imagine what verdict the republic’s court will issue for insulting the residents of the region.

By the way, relatively recently there was a proposal to punish officials for insulting voters. A system of checks and balances, nothing more, nothing less.