The Constitution specifies a person as the highest value. Therefore, the restriction of his rights and freedoms is punishable on different grounds and in accordance with different codes.
Violation of the provisions of the Constitution in relation to a person can be expressed both in physical influence and in moral influence. One such violation of constitutional rights is insult as a verbal crime.
When can expressing negative feelings towards a person be considered an insult?
Article for insult
It is worth noting that the previously existing article “Insult” (Article 130) of the Criminal Code has lost force. The reason for this was unlawful complaints from citizens regarding insults of a public and private nature. In judicial practice, cases have become more frequent when the accusation was literally based on circumstantial evidence. An insult was considered a deliberate action by a criminal aimed at somehow discrediting the honor and reputation of the victim. Often criminal provisions were only a tool for putting pressure on individuals or legal entities. Due to the use of a provision of the code for purposes other than its intended purpose, the article “Insult” was abolished.
In this sense, the amendments also affected the article “Fraud”, which also records the insult of a person in a certain sense, which provides for the initiation of a criminal case only at the request of the victim. Such changes occurred for many provisions of the Criminal Code, since most provisions were used only as a tool for pressure, as noted earlier for Article 130.
Deciding on the composition
When qualifying a violation, it is appropriate to remember the malicious intent of the offender
To achieve punishment for insulting a person, it is appropriate to understand the nuances of this offense.
The key aspects for qualifying such a crime are proof of the perpetrator’s intent and causing moral harm to the victim.
The object of such violations is the dignity of the offended citizen.
Given that public personal insult causes serious damage to the reputation and mental health of the victim of attacks, such circumstances are considered an aggravating factor for the violations.
In addition, exceeding moral standards when sorting out relationships in a public place disturbs the peace of other citizens.
Accordingly, it is appropriate to complain about the hooligan actions of the offender.
Attention ! If the opponent’s words do not correspond to reality, the injured party has the right to file a statement of slander under Art. 128.1 of the Criminal Code. Insult in such situations is equivalent to the specified crime.
A useful quality in such matters is the ability to distinguish between deliberate insults and rudeness . In the first case, the interlocutor deliberately humiliates the opponent’s dignity in order to cause this person moral suffering. In addition, the offender’s goal here is to destroy the victim’s reputation in the eyes of other people. However, a painful reaction to criticism does not become a reason to accuse others of causing moral damage.
Types of insults in the Criminal Code
Today, insulting a military personnel (Article 336) and insulting a government official (Article 319) are considered criminal offenses. To initiate a criminal case, it is necessary that there be corpus delicti, that is, that the offender has a very specific intent to commit these acts. It should be noted that insult can be expressed not only in verbal negative treatment, but also in verbal coercion to perform or not perform certain actions.
Degree of punishment for the culprit
Now let’s discuss what fines for insulting a person the current legal standards suggest. If the accused is a citizen, sanctions in favor of the state amount to 1,000–3,000 rubles.
Offense caused by an official increases the fine to 10,000–30,000. In the case where offensive statements are recorded at the enterprise, the culprit faces payment to the treasury in the amount of 50,000–100,000 rubles.
For insult proven in court, the offender pays a fine and compensates for the moral suffering of the victim.
In aggravating circumstances and public humiliation of the victim, fines increase. Here, citizens face payments of 3,000–5,000 rubles, and officials – 30,000–50,000 rubles.
When such disgrace is caused by a company, the sanction payment is 100,000–500,000 rubles. If the responsible persons allowed a similar situation to occur due to inaction, there is a risk of losing 10,000–30,000 rubles .
Important ! According to Art. 319 of the Criminal Code, an aggressive statement addressed to a government official is fraught with a fine of up to 40,000 rubles.
An alternative punishment here is correctional labor for up to a year or forced labor for up to 360 hours. As for insults to military personnel under Article 336, the measure of influence here is a restriction on service for a period of 6–12 months or the detention of the offender in a disciplinary unit for the same period. In this situation, punishments apply only to military personnel.
Insulting a serviceman
The article of the Criminal Code “Insulting a Serviceman” does not contain a description of actions that can be considered a humiliation of honor and dignity. However, if we consider the repealed Article 130, we can say that an unlawful act involves humiliation expressed in a form not accepted in society in personal communication or in public.
With regard to Article 336, it can be said that words or actions of an offender that disparage the character of an employee and are spoken or committed in the presence of anyone will be grounds for initiating criminal proceedings.
Insulting a citizen
If the insult occurred against a civilian, the article “Insult to honor and dignity” (5.26 of the Code of Administrative Offenses) is applied, which states that insulting a person in an indecent form, as well as in the public media and allowing insults to appear in public is punishable by a fine of 1 to 100 thousand rubles.
This act received an administrative focus for the reason that it is not a socially dangerous action, such as, for example, humiliation of citizens during execution, on which the security of the state and society largely depends.
Severe obscene insults with obscene language 2021
wind1r, fuck, did you swallow a dick?
wind1r, COPY-PASTER YOU FUCKING FUCKER, SUCK IT AND TAKE IT IN YOUR MOUTH!!1 You cunty pipe-fucker, I’m about to fuck plus your cunning fucking dumbass asshole, you fucked-up asshole. Headhunter, Which swearing generator? This is mine, damn it! Jotun, It’s just that he gives out the same gems) At first it’s funny, then it gets boring.
Jotun, Damn, I didn’t see the post about the link at first.
Offensive phrases. Sometimes situations happen in life when you need to respond to rudeness or insult.
On our website we have collected for you censored, non-swearing responses to offensive phrases directed at us.
Offensive phrases
What fiery legs you have. Like matches!
An ugly person like you can safely cross the street at a red light!
You are a bull. Not because he’s healthy, but because he’s a beast.
Girl, are you dancing like that or did you get an electric shock?
You remind me of the ocean, huge, strong, assertive.
And you make me just as sick.
And you probably have a black belt in stupid questions and a gold medal in idiocy.
And you probably have a short penis, since your tongue is so long!
I beg you, I can remove 95% of your “beauty” with wet wipes.
Don't be upset. Many people have no talent either!
You make me feel so smart!
You have such amazingly long legs!
But with your face they are of no use...
How beautifully your horns flutter in the wind.
Oh, you seem to be thinking? This is something new.
Frazy.ru is the number one website with phrases. Only the best phrases, beautiful and funny, smart and popular sayings.
The most complete collection of phrases structured by topic and area. If you are looking for phrases, then you have already found them.
Be creative with what you say, but don't overdo it! )
5. At least have one positive thing about your body.
It's not as scary as your face! 6. The brain isn't everything. But in your case it’s nothing!
7. Be careful not to let your brain get into your head!08. I like you. They say I have disgusting taste, but I love you.
9. Have your parents ever asked you to run away from home? 10. If only I had a face like yours.
- I see you like to slow down and love without a car.
- What a pity that you are finally leaving. “I could offend you, but, unfortunately, it still won’t work out better than nature.”
- And you probably have a short penis, since your tongue is so long! - Yes, you are just the spitting image of Pushkin! I just want to shoot you... - Do you have many friends among bacteria?
- There is one good thing about you, it divides your ass in half.
Here are my best insults.
All similarities between you and a person are purely coincidental. No, what are you talking about! It is very pleasant and interesting to talk with you!
Aren't you afraid of getting bruises in the opposite direction? Or do scars now decorate a girl?
18. A flag in your hands, a drum on your neck, an ax in your back and an electric train towards you... 32.
∙ I still couldn’t understand your perfume... are they for attack or self-defense.
You will throw away the test tube from Chernobyl obtained using the scientific dildo method using a stick and a nail.
A body conceived with silicate glue in a telephone booth. Drive the shit through the pipes.
Have you lost your list of people to be afraid of?
Go herd hedgehogs, local peacock! Toilet on skis. Infected rhinoceros pussy.
Go, smell the swimming trunks! You're rustling out of season, huckster.
This is a relatively small (“dirty dozen”, as the English say) and closed group of words. This group includes names of parts of the human body, primarily genitals, physiological functions, sexual intercourse, and words derived from them. Bishop Varnava (Belyaev) writes that shaming is “a purely pagan heritage. It is entirely rooted in the phallic cults of the Ancient East, starting from the depths of Satan (see Rev. 2:24)
The goal has been achieved, attention has been attracted. If a child understands that he can manipulate adults in this way, bad words will appear in his speech again and again. Often the child does not even understand the meaning of what he is saying: the main thing is the reaction of the parents. "This is interesting. Mat can be affective (when a person expresses dissatisfaction) and parasitic (to bind words).
Parasitic swearing is a ridiculous attempt to increase vocabulary.
Let us remember these words of the saint; we will return to them later. What is the phenomenon of swearing? Why do words that mainly denote medical terms, when “translated” into obscene language, become obscene profanity? Why are they used at all, often not for their intended purpose? In all languages and cultures, swear words mean the same thing. This is a relatively small (“dirty dozen”, as the English say) and closed group of words.
Small children, hearing their parents scolding, clog their tongues, not even understanding the meaning of the words spoken. Today, swearing has penetrated into literature, cinema and television. The “innocent” habit of using swear words has led to the fact that many people use it to connect words, inserting a swear word through every normal word. What is a mat? Is it part of the national language or is it a sign of a special degradation of our culture, a sign of our spiritual and moral decay? With a word, God created everything: “And God said: Let there be light” /Genesis 1, 3/.
Online insult
For posting defamatory or other information that can cause a negative reaction from society towards a citizen, a person faces punishment, which is provided for in the relevant article.
Insults on the Internet, which manifest themselves in the form of messages, are subject to administrative or criminal penalties. Information posted only in personal correspondence does not constitute an insult, for which penalties may be imposed.
Offensive information, even if it is posted on your page and is available only to friends, will also be taken into account. However, information based on existing and reliable facts and published as criticism is not a crime.
As a rule, information is posted with the aim of inciting hatred or inciting enmity between persons of different nationalities, as well as humiliating a person’s dignity. In relation to such actions that imply insult, article RF, existing in the Criminal Code, is designated under number 282.
Responsibilities of a judge
What should the judge find out during the proceedings? First of all this:
- the presence of an administrative offense event;
- determine the person who committed unlawful actions (inaction), for which administrative liability is provided for by this Code or the law of a constituent entity of the Russian Federation;
- guilt of a person in committing an administrative offense;
- circumstances mitigating administrative responsibility and circumstances aggravating administrative responsibility;
- the nature and extent of damage caused by the administrative offense;
- circumstances excluding proceedings in a case of an administrative offense;
- other circumstances relevant for the correct resolution of the case, as well as the reasons and conditions for committing an administrative offense.
What evidence proves all this?
Any factual data on the basis of which the judge determines:
- the presence or absence of an administrative offense event,
- the guilt of the person brought to administrative responsibility,
- other circumstances relevant for the correct resolution of the case.
These data are established by the protocol on an administrative offense and other protocols provided for by the Code of Administrative Offenses of the Russian Federation, explanations of the person against whom proceedings are being conducted for an administrative offense, testimony of the victim, witnesses, expert opinions, other documents, as well as testimony of special technical means (audio recording on the phone ), physical evidence.
Slander as a type of insult
Along with Article 130, Article 129 of the Criminal Code of the Russian Federation (“Slander”), which was moved to Article 128.1, also lost force. In the code, slander must be understood as knowingly false information about a citizen that offends his honor and dignity. This can be either information that a person has a dangerous disease, or information that a citizen has committed a crime, which in fact has not happened.
Slander offends the feelings of a citizen, and also negatively affects or may in the future affect his social activities. This type of insult can be recognized as a criminal offense only if information about an individual or legal entity is disseminated in the media or on other public resources. Such information, expressed only in a personal message to the victim, to which only the person to whom it is addressed has access, is not considered slander and does not constitute an offense.
Responsibilities of the prosecutor
What deadlines must the prosecutor observe when issuing this resolution, which replaces the protocol on an administrative offense?
According to Art. 28.5 of the Code of Administrative Offenses of the Russian Federation, a decision is made immediately if no additional clarification is required.
If it is necessary to clarify the circumstances of the incident or information about the individual against whom a case of an administrative offense is being initiated, then the decision is made within two days from the moment the administrative offense is discovered.
I note that in practice this deadline is not observed, but its violation does not entail the recognition of the prosecutor’s procedural actions as unacceptable.
It happens that the prosecutor first sends a statement to the police for investigation and questioning of all persons, and only then makes a decision.
Based on Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, the resolution of the prosecutor or his deputy is drawn up with the participation of the person against whom proceedings are being conducted for an administrative offense.
An individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on the administrative offense.
These persons have the right to provide explanations and comments on the contents of the protocol (Part 4 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation) and attach them to it.
The protocol may be drawn up in the absence of interested persons, if they did not appear before the prosecutor.
This is possible only if an individual, a legal representative of an individual or a legal representative of a legal entity was notified in the prescribed manner of the opening of proceedings against them regarding an administrative offense (Part 4.1 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation).
Within three days from the date of drawing up the protocol on an administrative offense, a copy of it is sent to the person in respect of whom it was drawn up.
Thus, the above norms provide a person brought to administrative responsibility with the opportunity to protect his rights and legitimate interests, as well as to take direct part in making a decision to initiate a case of an administrative offense.
After the decision is made, the prosecutor sends the material to the magistrate; it is he who is authorized to consider such cases, and at the place where the offense was committed.
The place of commission of an administrative offense is the place where the unlawful act was committed, regardless of the place where its consequences occurred. If such an act is of a continuing nature, then the place where the illegal activity ends and its suppression is indicated.
If the offense is committed in the form of inaction, then the place where it was committed should be considered the place where the action should have been performed and the obligation assigned to the person fulfilled.
If the person involved has not reached the age of majority, then, in accordance with Article 23.2 of the Code of Administrative Offenses of the Russian Federation, consideration of cases of administrative offenses committed by persons from 16 to 18 years of age (including cases listed in parts 1 and 2 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation) refers to competence of commissions on affairs of minors and protection of their rights.
Threats and insults
Often, threats and insults are made over the phone, online, or in person, which are intended to humiliate and intimidate a person. The article for threats and insults - 119 of the Criminal Code of the Russian Federation - implies that the expression of the desire to kill must be actually confirmed (waving, showing the alleged murder weapon or personal characteristics of the one who is threatening). The victim must have every reason to fear for his life or health, which must be noted in the protocol and included in the materials of the criminal case if a preliminary investigation is underway.
At the same time, the law only specifies threats, since insult in this crime has a certain degree of probability, for which there is its own measure of responsibility, but it is not considered as a separate offense. It should be noted that if the suspect is charged with Article 119 of the Criminal Code of the Russian Federation, then administrative penalties are not applied to him, since the criminal article in this case is more extensive and absorbs the administrative one.
The harshest insults with obscenities
The funniest and coolest obscene phrases Here I have collected the funniest phrases with obscenities in Russian that I could find. If you find something cooler, write in the comments.
Insults with obscenities are also here.
One might say winged. a cunty, jacked up loser, a strong loaf, an eight-clitoris, asshole on a motherfucker's asshole with four fucked-up wheels. There's a ton of swear words like that. Swear words. Alas, oh, but swear words will always sound from human lips. Swearing is the most rude, obscene type of profanity in Russian and foreign languages.
Keep talking, someday you will manage to say something smart!
— When God created a real man, he decided to save money.
“You are not a woman, but a cheap utensil that was created for frequent rental.” - Anatoly, you insult a woman by swearing insignificantly and barking helplessly like a mongrel.
- If you were an intelligent and decent man, your wife would not be so unhappy. “Kolya, you weren’t formed yet in your mother’s womb, so you’re not given the opportunity to become a strong man.”
We remind you that the Administration has an extremely negative attitude towards all facts of violation of the Rules of the Game. In particular, I would like to remind you that the World of Tanks project is a team game and insulting each other is unacceptable. Show mutual respect in battle. There is no person more important than your opponent. After all, without him there would be no fight. The right opponent will force a fighter to give 110%.
Section 1.
Visitors to the legal consultation asked 7,740 questions on the topic “Insulting a child with obscenities.” On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes!
Two first-graders got into a fight at school. The grandmother of one of them, in front of a large crowd of people and in the presence of school staff (cleaning lady) and a security guard, began loudly and violently insulting and calling 21 names.
Public insults
For distortion of real information in the public domain, if it concerns a certain circle of persons who perform official duties related to state or executive power, the previously specified article - “Insulting government officials” (319) or Article 336 of the Criminal Code of the Russian Federation is applied.
The information in this case can be reliable and based on real facts that are easy to confirm, or it can be fiction. Even someone who decided to just joke or expressed his assumptions is subject to being summoned to court as a defendant when the offended person makes a statement.
According to the definitions contained in the previously mentioned administrative article, public insult towards ordinary citizens is not subject to criminal punishment.
How to punish the offender?
If you are the victim of an offensive, rude statement, your dignity has been humiliated and mental trauma has been caused, then you should write a corresponding statement to the prosecutor's office, the district police officer, the court, or the police. State in writing the circumstances of the incident. If available, provide evidence confirming the fact of the insult. This may be an audio/video recording, witnesses, physical evidence (a note, an offensive letter, clothing soiled with biological substances of the perpetrator or with signs of damage).
If the conflict occurred without witnesses and the culprit denies the incident, then it will be difficult to prove his guilt. You will have to look for indirect witnesses who saw you in a depressed state after the conflict and communicated with you.
The article for calling names and slander is not criminal, but it is quite possible to punish the offender under it. If it is possible to prove his guilt, then it is possible to demand the recovery from him not only of a fine in monetary terms, but also for legal costs.
In world practice, there are cases where the victim received additional money as compensation for moral damage caused. However, in this case, you will need the help of an experienced lawyer. To prove that the insult caused damage to the victim's reputation, as well as his mental health.
Statement of public insult
It is necessary to clarify that the fact of insult must be proven. Anyone affected by information posted for public viewing must independently contact law enforcement agencies or the court with confirmation of the offense. This could be an article in a newspaper or a television program, as well as information contained in a public document, which even recognizes a job description that has reached a potential employer.
The claim is being considered in the magistrate's court. If the fact is proven, along with a fine, the defendant may be required (which most often happens) to refute the defamatory information in the same way as it was posted.
