Article 297 of the Criminal Code of the Russian Federation for insulting a judge with comments

Effect of Art.
297 of the Criminal Code of the Russian Federation is designed to protect Russian justice. Often after a trial, the people involved are dissatisfied with the verdict rendered by the judge. Some of them, out of anger, may insult or perform any other disrespectful actions towards the judge, trying to belittle his dignity. But unfortunately for them, such behavior carries with it the punishment specified in Art. 297 CC. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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Disrespect for the court and the judge. What is it?

This concept includes the following:

• Public insult of the parties to the proceedings.
• An insult to judges who received such a title on the basis of Law of the Russian Federation No. 3132-1 of June 26, 1992 “On the status of...”. This also includes jurors and other persons directly involved in the proceedings.
• Refusal to execute decisions, sentences and other judicial acts.
• Violation of law and order at the request of a judge directly in the courtroom.

Regulatory acts

Depending on the severity of the offense, the guilty person may be sentenced to administrative or criminal liability. Consider the list of articles of the Criminal Code of the Russian Federation for individuals:

• 297;
• 315;
• 318;
• 319.

List of articles of the Code “On Administrative Offences”:

• 17.3;
• 17.4;
• 17.5.

However, there are other legislative acts on the basis of which a person can be held accountable. These include:

• 122 CAS RF;
• 159 Code of Civil Procedure of the Russian Federation;
• 119 of the Arbitration Procedure Code of the Russian Federation.

What criminal penalties can be applied?

The main article under which a person who has insulted a judge, jurors and other participants in the trial can be held criminally liable is Article 297 of the Criminal Code of the Russian Federation. It has two parts:

1. Under the second part, persons who have insulted judges and jurors are prosecuted.
2. In the first part - for insulting other participants in the process.

Insult is understood as any action the purpose of which is to humiliate the honor and dignity of persons.

Note! To attract attention to this article, humiliation must be voiced in a harsh form, which is contrary to all stable morals and behavior in society.

Disrespect can be expressed verbally, or in actions that do not have health consequences (slapping or spitting).

Persons may also be held criminally liable under another article, number 319 of the Criminal Code of the Russian Federation. It involves correctional labor for up to one year.

The assignment of a particular article here is related to the place where the crime was committed. If the insult took place in a courtroom or in another courtroom, then article number 297 of the Criminal Code of the Russian Federation is assigned.

If the humiliation occurred in another place, then such acts are classified under Article 319 of the Criminal Code of the Russian Federation.

Employee behavior

It is advisable to familiarize yourself with the rules of conduct at the meeting in advance. For this purpose, there is a Code of Ethics, which sets out the rules of employee conduct. Do employees have any advantages? They do not have any privileges, so they should behave calmly, kindly, politely

It is important to be tolerant of all participants in the court hearing.

The employee does not have the right to speak. Actions that discriminate against people based on gender, age, race, nationality, citizenship, or material wealth are not permitted. It is also prohibited to humiliate a person, his desires and interests. Therefore, any phrases must be expressed in a cultural and restrained form.

Rudeness, arrogance, and bias are prohibited. Employees do not have the right to threaten, insult, or humiliate colleagues or participants. Illegal behavior, such as fighting, is unacceptable.

Corpus delicti

Based on article number 297 of the Criminal Code of the Russian Federation, it becomes clear that the object of insult here is the authority of the judicial institution and the adequacy of decisions in a court case. An accompanying object here is the honor and dignity of other participants in the process.

It is worth noting that disrespect for the court, judge and other parties to the proceedings has a negative impact on the implementation of the principle of equality of rights in relation to evidence and diminishes the authority of the judicial institution.

This article does not allow verbal insult of all participants in the process with words such as moron, idiot. This is due to the special status of strictly office work.

Expert opinion

Bikmaeva Elmira Fanovna

Arbitration manager with more than 10 years of experience

It is important to note that if during a court hearing different participants experienced humiliation and insult several times within a short time, then these actions will be considered within the framework of one crime.

But if there were long breaks in the meetings, then the above actions will be considered separately.

Important! When attributing this or that behavior to the court, it is extremely important to determine which article the culprit should be charged with: criminal or administrative. For example, failure to appear in court for a conversation is considered an administrative offense. The judge does not have the right to classify this act as a criminal offense.

The subject of the crime must be:

• Capable, that is, to give an account of their actions.
• From the age of 16 years.

Qualifying features

Such signs include insulting a judge, jurors or other persons involved in legal proceedings. Such acts are subject to harsher penalties.

Commentary to Art. 297 of the Criminal Code of the Russian Federation

The main object of the crime is the correct activity and authority of the court, an additional object is the dignity of the participants in the trial.

The public danger of contempt of court on the part of guilty persons is that with their offensive actions they create an atmosphere of nervousness in the courtroom, which prevents the court and other participants in the trial from comprehensively, fully and objectively examining the circumstances that are important for the correct resolution of the case, which negatively affects the realization by participants of the trial of equal rights to present and examine evidence, undermines the authority of the court and the educational impact of the trial, thereby disorganizing the administration of justice.

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See: Demidov V.V. Commentary to Art. 297 of the Criminal Code of the Russian Federation // Commentary on the Criminal Code of the Russian Federation: Scientific and practical commentary / Rep. ed. V.M. Lebedev. M., 2001.

The objective side consists of disrespect for the court, which is expressed in insulting the participants in the trial (Part 1), the judge, juror or other person participating in the administration of justice (Part 2). An act is accomplished by action.

According to paragraph 51 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, judicial proceedings are a court hearing of the courts of the first, second and supervisory instances.

In this crime, responsibility is differentiated depending on the procedural position of the victim. In Part 1 of Art. 297 of the Criminal Code of the Russian Federation establishes liability for insulting any participant in the trial (except for judges, jurors, and arbitration assessors, referred to in Part 2). Consequently, the victims under Part 1 of Art. 297 of the Criminal Code of the Russian Federation can be:

in criminal proceedings: according to Chapter 6 of the Code of Criminal Procedure of the Russian Federation - participants in criminal proceedings on the part of the prosecution: prosecutor (Article 37), investigator (Article 38), investigator (Article 41), victim (Article 42), private prosecutor (Article 42). 43), civil plaintiff (Article 44), representatives of the victim, civil plaintiff and private prosecutor (Article 45); according to Chapter 7 of the Code of Criminal Procedure of the Russian Federation - participants in criminal proceedings on the part of the defense: suspect (Article 46), accused (Article 47), legal representatives of a minor suspect and accused (Article 48), defense lawyer (Article 49), civil defendant (Article 54), representative of the civil defendant (Article 55); according to Chapter 8 of the Code of Criminal Procedure of the Russian Federation - other participants in criminal proceedings: witness (Article 56), expert (Article 57), specialist (Article 58), translator (Article 59), witness (Article 60).

In the arbitration process: according to Art. 40 of the Arbitration Procedure Code of the Russian Federation, the persons participating in the case are: the parties (in accordance with Article 44 of the Arbitration Procedure Code of the Russian Federation - plaintiff and defendant); applicants and interested parties - in cases of special proceedings, in cases of insolvency (bankruptcy) and in other cases provided for by the Arbitration Procedure Code of the Russian Federation; third parties; prosecutor, state bodies, local government bodies and other bodies that applied to the arbitration court in cases provided for by the Arbitration Procedure Code of the Russian Federation. Also in accordance with Art. 54 of the Arbitration Procedure Code of the Russian Federation, in the arbitration process, along with the persons participating in the case, other persons may participate: representatives of the persons participating in the case, and persons assisting in the administration of justice - experts, witnesses, translators, an assistant judge and the secretary of the court session.

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See: Chapter 5 “Persons participating in the case and other participants in the arbitration process” (Articles 40 - 58), Chapter 6 “Representation in the arbitration court” (Articles 59 - 63) of the Arbitration Procedure Code of the Russian Federation.

In civil proceedings in accordance with Art. 34 of the Code of Civil Procedure of the Russian Federation, the parties involved in the case are the parties, third parties, the prosecutor, state bodies, local government bodies, applicants and other interested parties in cases of special proceedings and in cases arising from public legal relations. Also, representatives of persons participating in the case (including representatives appointed by the court, legal representatives) and persons assisting in the administration of justice - experts, specialists, witnesses, translators, court secretary - can participate in civil proceedings.

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See: Chapter 4 “Persons participating in the case” (Articles 34 - 47), Chapter 5 “Representation in court” (Articles 48 - 54) of the Code of Civil Procedure of the Russian Federation.

Participants in proceedings in cases of administrative offenses are listed in Chapter 25 of the Code of Administrative Offenses of the Russian Federation: a person against whom proceedings are being conducted in a case of an administrative offense (Article 25.1); victim (Article 25.2); legal representatives of an individual (Article 25.3); legal representatives of a legal entity (Article 25.4); a defender (to provide legal assistance to a person against whom proceedings are being conducted for an administrative offense) and a representative (to provide legal assistance to the victim) (Article 25.5); witness (Article 25.6); witness (Article 25.7); specialist (Article 25.8); expert (Article 25.9); translator (Article 25.10); prosecutor (Article 25.11).

This crime occurs in the event of insult to these persons in connection with their performance of functions related to the administration of justice. This can be expressed, for example, in derogatory assessments of the qualifications of judges and jurors. Insult can be carried out in the courtroom, in another courtroom, both during the trial and during a break. An insult related to the administration of justice, but carried out in another place (for example, a public insult after a trial motivated by revenge), is qualified, if appropriate conditions are met, as an insult to a representative of authority (Article 319 of the Criminal Code of the Russian Federation) or as a crime against the person (Article 130 of the Criminal Code RF).

Insult expressed towards the participants in the trial and, for example, the judge, should be qualified according to the totality of crimes provided for in Parts 1 and 2 of Art. 297 of the Criminal Code of the Russian Federation.

According to the construction of the objective side, this crime is a crime with a formal composition and is considered completed from the moment of insult to any of the specified victims, committed in connection with their activities in the process of administering justice.

Other forms of contempt of court, in addition to insult, for example, failure to comply with a lawful order of a judge (Part 1) or a bailiff (Part 2) to stop actions that violate the rules established in court, entail administrative liability under Art. 17.3 Code of Administrative Offenses of the Russian Federation.

If order is violated at a court hearing, a person present in the courtroom is warned about the inadmissibility of such behavior or is removed from the courtroom, or a monetary penalty is imposed on him (the procedure for imposing a monetary penalty is established by Articles 117 and 118 of the Code of Criminal Procedure of the Russian Federation).

Arbitration court in accordance with Art. 119 of the Arbitration Procedure Code of the Russian Federation has the right to impose a judicial fine on persons participating in the case and other persons present in the courtroom for their disrespect for the arbitration court.

A court fine for contempt of court is imposed if the actions committed do not entail criminal liability.

The subjective side of the crime is characterized by direct intent. The guilty person is aware that he is humiliating the honor and dignity of the participants in the trial, the judge, the juror or another person participating in the administration of justice, and wishes this.

When considering the issue of the subjective side of the crime, attention should be paid to the need to establish the direction of the actions of the perpetrator specifically towards showing contempt of court. The absence of such an orientation excludes the qualification of the act under Art. 297 of the Criminal Code of the Russian Federation. Thus, in V.’s case, the court found that although the conflict occurred in the courtroom, there were no representatives of the judiciary in the room, the judge retired to a meeting, only the parties were in the room, namely the plaintiff V. herself and the defendants - her sister Nazarenko and relative Ch., the conflict occurred in private, due to personal hostile relationships, V. claimed that she had no intention of showing disrespect for the court. In this regard, the court came to a reasonable conclusion that V. was guilty of insulting Ch. and correctly qualified her actions under Part 1 of Art. 130 of the Criminal Code of the Russian Federation (Decision of the Supreme Court of the Russian Federation of September 12, 2006 N 41-o06-50).

The general subject of the crime is a sane person who has reached the age of sixteen. It can be any person present at the court hearing, including a witness, defense attorney, casual visitor, etc.

Penalties for contempt of court in administrative proceedings

Article 122 part 2 of the CAS of the Russian Federation indicates that in case of contempt, the court has the power to impose a fine on the guilty person.

The amount of the fine is determined by the judicial authority at its discretion. However, it cannot be higher than the maximum size specified in article number 122 of part 1 of the CAS of the Russian Federation:

• For citizens - no more than 5,000 rubles.
• For an official - no more than 30,000 rubles.

Penalties are applied if the person has not insulted the judge or other participants in the meeting. For example, a person was talking loudly or listening to music.

In the administrative code, disrespect can be understood as the following actions:

• Officials who did not take action on a specific decision of the judicial authority.
• Employers who prohibited a juror from appearing in court.

Consultations in court

What behavior should a person have if there are questions? But you can’t ask them to the judge. It has visiting hours and therefore you should make an appointment in advance for a consultation. In this case, you can get answers to all questions.

It should be borne in mind that judges do not help prepare documentation. This work is done by lawyers. In all court buildings there are samples of the execution of various applications, details for transferring state fees and other necessary information for citizens.

It is important to follow all the rules, otherwise breaking them may result in a fine. Moreover, the court is an executive branch, and therefore, when addressed impolitely, a citizen shows his attitude towards the country

Difficulty of proof

It so happens that these crimes and violations are extremely difficult to prove. Therefore, judges rarely initiate cases under such articles. It takes a lot of time and effort to collect evidence.

The same responsibility falls on the shoulders of bailiffs. However, due to the low level of culture, they are simply lost and do not know what to do in such situations.

Expert opinion

Bikmaeva Elmira Fanovna

Arbitration manager with more than 10 years of experience

Another difficulty is the involvement of linguist specialists in the case, who could verify and establish the fact of insult. This is due to the fact that there are no such experts on the court staff. And if they do exist, they have insufficient knowledge.

You can prove insult using the minutes of the court hearing. But according to regulations, recording profanity is prohibited. It is allowed to replace some words with synonyms or replace some letters in words with ellipses.

Acceptable types of requests

In practice, there are other types of appeals. They are not prohibited because they are specific and concise. How to address a judge in court in other ways? The phrases “Mr. Judge”, “Comrade Judge”, “High Court” are suitable. You need to make a speech using the “you” form.

You should not interrupt the judge when he is saying something. You can speak out after he finishes doing this. You should speak clearly and distinctly. There is no need to raise your voice or use indecent language. It is not permissible to insult any of the participants in the hearing. A person is responsible for this. It is necessary to take into account that the form of appeal affects further relations between all participants in the case.

Contempt of court in civil proceedings

According to the Civil Procedure Code of the Russian Federation, namely Article 13 Part 3, failure to comply with a court decision and other manifestations of disrespect entail sanctions.

Important! A party to civil proceedings or another person participating in the process may be held liable under general rules only if the relevant regulation is not followed by a special procedural rule.

Penalties:

• Fine up to 1000 rubles.
• A fine for ordinary citizens of up to 500 rubles for refusing to provide evidence.
• A fine of up to 1,000 rubles for witnesses and experts for absence from the courtroom for unexcused reasons.

Insulting a judge that has no connection with the administration of justice

If court employees or participants in the process are subjected to insults that have no motivating connection with the administration of justice (i.e., they are committed outside of court and are not related to professional activities), then such acts cannot be classified as a criminal offense, but entail administrative responsibility. They fall under Article 5.61 of the Code of Administrative Offenses of Russia.

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Dear readers, each case is individual. If you want to find out how to solve your particular problem, call:

• Moscow.
• Saint Petersburg.

Measures for insulting a judge

For insulting a judge, a person is brought to criminal liability under article number 297, part 2 of the Criminal Code of the Russian Federation:

• Or a fine of up to 200,000 rubles (or in the amount of the wages of the guilty person for up to one and a half years).
• Or compulsory work up to 480 hours.
• Or correctional labor for up to two years.
• Or arrest for up to six months.

Important! The elements of this crime must be distinguished from the crime under article number 298, part 1. It indicates the responsibility of a person for defamation of a judge or other officials.

Cases from practice

Let's look at an example of one of the sentences. There are several interesting points in it:

1. The man was found guilty under Article 297.1, already serving his sentence in places not so remote.
2. In order to avoid severe punishment, a special procedure was carried out.
3. The sentence imposed was as follows: 200 hours of compulsory labor, which, according to Article 71.1 of the Criminal Code of the Russian Federation, was reclassified as 25 days of imprisonment. They were added to the main prison term.

One more example.

They wanted to deprive one citizen of her driver’s license. When the court made this decision, she began to insult the judge.

The bailiff and traffic police officer confirmed the fact of the insult. A mitigating circumstance was that she had a child under 18 years of age. As a result, the judge ordered her to undergo 200 hours of compulsory work.

What documents should I take?

At the entrance to the court there are usually guards or a bailiff who check documents. If this is an employee, then he has an official ID. Otherwise, a passport is provided.

If the call was made on the basis of a summons, then it must be provided. It indicates the room number where the meeting will take place, where you need to go to register. This is done before the process begins.

The attendance of all participants is required. Anyone can attend such an event, even if there was no invitation. Law students as well as interested citizens may attend the meeting.

Filming of the event is prohibited. But you can make an audio recording. Russian legislation prohibits photography and video recording. It is allowed to be carried out with the consent of the court. But it is allowed to record everything with a voice recorder and audio devices.