Article 319 of the Criminal Code of the Russian Federation Insulting a representative of authority with comments

What the law says (Article 319 of the Criminal Code of the Russian Federation)

Being a legislative act, the Criminal Code is based on basic constitutional principles and norms of international law.

Criminal legislation is designed to:

stop criminal attacks on the honor and dignity of citizens;
ensure the protection of human rights and freedoms as an individual, public order, and state system;
prevent crimes.

Guided by the norms established by the Criminal Code, the following is determined:

the degree of danger to the individual, society, and state of the unlawful acts committed;
measures of criminal liability.

The system of government bodies consists of a combination of: federal (nationwide), regional (acting in the constituent entities) bodies, and municipalities.

Public administration is carried out by legislative, executive and judicial bodies.

Since Article 319 of the Criminal Code does not focus on representatives of any specific management structures, for example, insulting police officers while performing their official duties, we will figure out when they can be charged with a criminal offense.

When insulting representatives of any branch of government during the performance of their duties (perhaps this concerns activities), one should remember the inevitability of consequences (Article 319 of the Criminal Code).

An insult to deputies as representatives of the legislative branch, adopting legal and regulatory acts, authorized to control the activities of executive bodies, will be regarded within the framework of Art. 319 of the Criminal Code of the Russian Federation.
Criminal penalties are provided for offensive actions involving representatives of the executive branch.

This includes, starting from the President, the Government of the country and the State Duma, ministries and departments, the governments of regions, republics, territories, cities of republican significance to other local government apparatus.

Despite the separate measures of criminal prosecution in case of disrespectful attitude towards persons who perform the functions of justice, insult of judges and prosecutors can also be stopped, guided by the Criminal Code of the Russian Federation, Art. 319.

They can be held accountable not only for making personal statements in an unflattering manner, using profanity to a government official, but also for:

public insult;
calls to action that may pose a public danger.

Composition of the offense and legal regulation

Insult is a deliberate humiliation of someone's dignity, expressed in a form that is contrary to the norms of generally accepted morality. The object of insults can be people, objects of art, countries, etc. A special case is insulting a police officer as a representative of government authority.

Additionally

If a crime was found in the actions of the offender, the case of insulting a police officer will be considered in court. In this case, the subject of the offense may be recognized as a legally capable person who has reached the age of 16.

Liability for this offense is regulated by Article 319 of the Criminal Code (CC) of the Russian Federation. The crime is intentionally insulting a police officer with obscenities, unflattering comparisons, and indecent gestures. It does not matter whether the insult was committed verbally or in writing, or whether the content of the offensive message was false or true. Any insult to a police officer while on duty is criminally punishable. It is worth noting that a remark correctly made to a police officer is not an insult. For example: “You are not performing your duties correctly.” Even if this statement is not true, it is not identified as an insult.

When insulting a police officer, the object of the offense is the police officer currently authorized to protect law and order. The subject can be any capable citizen over 16 years of age. Insulting a government official is considered an offense if it was committed in front of witnesses, that is, in public. The crime is implied to be committed as soon as the insult has been expressed (written, shown). Find out more about this type of offense as public insult here.

The severity of the act is determined depending on the circumstances of the offense committed. For example, if the insult was inflicted after the police officer committed some unlawful act against the accused citizen, then the punishment will be minimal.

Objective component of the crime

In order to be held accountable, the guilt of the accused in the criminal act must be proven.

A public insult to a representative of any level of government is a crime committed.

The objective component includes:

awareness of what is happening and the desire to achieve a certain goal by insults;
publicity.

You can achieve criminal prosecution based on Art. 319 of the Criminal Code of the Russian Federation, if the showdown expressed in a verbal altercation is not related to personal hostile relationships.

Punishment for insults affecting the honor of a public servant is inevitable only when it occurs in public. Publicity can be expressed:

the presence of witnesses who are not related to this state government system;
publication of defamatory materials through the media, including social networks;
speaking in front of an audience at public events;
distribution of propaganda leaflets, posters;
and so on.

The objectivity of a criminal act implies the deliberate desire of the perpetrators to convey to the public defamatory information about a specific person, as a representative of government agencies.

There is no need to confuse the right to reasonably criticize the activities (or inaction) of individual government bodies and their specific representatives.

It is important not to cross the boundaries of what is permitted when expressing personal opinions and value judgments about the professionalism of officials. Insults aimed at undermining the authority of government structures are unacceptable and punishable.

Bringing to criminal liability under Article 282 of the Criminal Code of the Russian Federation

Section X of the Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation) is devoted to responsibility for committing crimes against state power.

In particular, Article 282 of the Criminal Code of the Russian Federation establishes liability for inciting hatred or enmity, as well as humiliation of human dignity.

The object of the crime provided for in Article 282 of the Criminal Code of the Russian Federation is public relations that develop regarding the protection of the constitutional system, the political system and security of the Russian Federation, the rights and freedoms of man and citizen and ensure the prevention of activities aimed at inciting hatred or enmity, as well as humiliating human dignity or groups of persons based on gender, race, nationality, language, origin, attitude to religion, as well as membership in any social group.

The objective side of the crime is to exert an active influence on people, aimed, firstly, at inciting hatred, i.e. strong persistent hostility towards an individual or group of persons, secondly, to incite hostility, i.e. hatred between groups of people, and, thirdly, to humiliate the dignity of an individual or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, as well as membership in any social group.

Inciting hatred is intended to cause a long-term state of acute mutual hostility towards an individual or between significant groups of people and can be expressed, for example, in obstruction of national or religious rituals, destruction of religious buildings, genocide, mass repressions, deportation, and other illegal actions.

Inciting hostility can be expressed in disdainful, hostile and aggressive treatment of people based on their nationality, race, origin or social status, mockery of the culture, customs and traditions of a nation.

Humiliation of the dignity of an individual or group of persons can manifest itself in the promotion of superiority or, conversely, inferiority of citizens, as well as in insulting a person on the basis of his gender, race, nationality, language, attitude to religion, or membership in any social group.

A mandatory feature of the crime under comment is that the actions specified in the article must be committed publicly or using the media or information and telecommunication networks, including the Internet.

The subjective side is direct intent.

According to the resolution of the Plenum of the Armed Forces of the Russian Federation dated November 3, 2016 No. 41, the crime provided for in Article 282 of the Criminal Code of the Russian Federation is committed only with direct intent and with the aim of inciting hatred or enmity, as well as humiliating the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, attitude to religion, belonging to any social group.

The subject of the crime is a sane individual who has reached the age of 16.

Posting by a person on the Internet or other information and telecommunications network, in particular, on his page or on the pages of other users of material (for example, video, audio, graphic or text) created by himself or another person, including information, previously recognized by the court as extremist material, can be qualified under Article 282 of the Criminal Code of the Russian Federation only in cases where it is established that the person who posted such material was aware that the act was aimed at violating the foundations of the constitutional order, and also had the goal of inciting hatred or enmity or humiliating the dignity of a person or groups of persons based on gender, race, nationality, language, origin, attitude to religion or membership in any social group.

The corpus delicti is formal. The crime is completed from the moment of commission of at least one action aimed at inciting hatred or enmity, as well as at humiliating the dignity of a person or group of persons on the basis of their belonging to a certain gender, race, nationality, language or depending on their origin, attitude to religion, affiliation to any social group.

The above acts are punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor for a period of one to four years with deprivation of the right to hold certain positions or engage in certain activities. activities for a term of up to three years, or imprisonment for a term of two to five years.

Part 2 of Article 282 of the Criminal Code of the Russian Federation provides for the qualifying elements of a crime: the commission of an act with the use of violence or the threat of its use, by a person using his official position, by an organized group.

The use of violence or the threat of its use refers to both physical and mental violence (threat), as a result of which moderate or minor harm to the health of at least one person was caused, as well as any other violent actions not related to causing harm to health, unless they contain elements of a more serious crime. In the event that violence led to the murder of the victim or the infliction of grievous bodily harm, the act should be classified as a set of crimes.

It should be borne in mind that violence, violence used in the commission of a crime under Article 282 of the Criminal Code of the Russian Federation, is not only an expression of hatred towards a specific victim, but is also aimed at achieving a special goal - inciting hatred or enmity in other people (about which, for example, it may indicate the use in public places in the presence of strangers of violence against the victim(s) on the basis of belonging to a certain race or nationality, accompanied by racist or nationalist statements (clause 9 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated June 28, 2011 No. 11).

Persons using their official position include, in particular, officials who have the characteristics provided for in Note 1 to Article 285 of the Criminal Code of the Russian Federation, state or municipal employees who are not officials, as well as other persons who meet the requirements provided for in Note 1 to Article 201 of the Criminal Code of the Russian Federation.

A qualifying feature is also the commission of a crime by an organized group, i.e. a stable group of persons who have united in advance to jointly commit one or more crimes.

The above acts are punishable by a fine in the amount of three hundred thousand to six hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of two to three years, or by forced labor for a period of two to five years with deprivation of the right to hold certain positions or engage in certain activities. for a term of up to three years, or imprisonment for a term of three to six years.

Subjectivity of illegal actions

The subjectivity of committed criminal acts in criminal law is understood as:

awareness of the current reality and one’s actions;
motives, goals pursued.

Thus, the objectivity of illegal actions is expressed externally - when there are witnesses to obscene, insulting statements addressed to persons occupying certain positions in government structures.

Subjectivity is the inner essence of the deed.

The punishment is chosen individually, taking into account that:

sometimes, in the heat of the moment, careless expressions are made that are incriminated as an insult when officials are performing their official duties in public;
there was premeditation in what was done.

Thus, if there is a direct (or indirect) intent to cause moral suffering by insult to a person holding positions in government structures, the perpetrator:

can think through a plan of action in advance or implement one that suddenly arises;
addresses his expressions to a specific person;
realizes (or foresees) the social danger of the consequences (consciously allows them to occur).

Object of crime

One of the components of the crime is its object, that is, an official of the authorities, by humiliating the honor and dignity of whom publicly, the perpetrator seeks to undermine the authority of the state structure.

At the same time, in fact, the representative of the government who has suffered from obscene expressions and offensive actions is the subject of achieving the criminal intentions of the perpetrator - to discredit the activities of the state apparatus.

Who is recognized as the subject of the crime?

A person who has committed a crime (it does not matter whether he is a man or a woman) and is declared sane, bears criminal liability starting from the day after he reaches 16 years of age.

The legislator is guided by the following criteria when a personality is considered mature:

a person, when insulting or committing other illegal actions, does so consciously;
trying to humiliate, hurt with words (or actions) the honor and dignity of government officials, they can evaluate how such behavior is interconnected with public opinion, and take into account the possible consequences;
when an individual can deliberately choose the style of his behavior, make decisions about actions;
there is awareness of the social essence of the actions performed.

From a legal point of view, the subject of a crime may not be brought to criminal responsibility if at the time of committing criminal acts the person was insane (did not realize what was happening) due to psychological disorders (exacerbation of chronic diseases, temporary disorder, dementia, etc.).

Only the medical criterion for recognizing insanity can influence the release from responsibility for a crime when it is proven that a person suffering from certain types of diseases does not regulate behavior and is deprived of the ability to understand his actions and their consequences.

The insanity of behavior of a person guilty of a crime who is intoxicated or under the influence of narcotic or other psychotropic substances is defined as a stimulus for the manifestation of intentions to offend officials and employees of government bodies in the performance of their official duties.

The end of the crime

Criminal actions can only be planned and remain unrealized at the stage of preparation for the implementation of the plan.

After completion of statements or other actions (for example, a slap), the crime is considered accomplished.

It makes sense to file a claim for recognition of guilty actions in court if:

the verbal tirade, which turned into abuse, occurred during the performance of official (official) duties (or it was about the work of the structure);
at least one stranger was present during the conflict;
the accused purposefully disseminated offensive information about the victim in order to undermine personal authority and cause distrust in the work of the structure.

Mitigating and aggravating circumstances

The court's verdict may be influenced by both mitigating and aggravating circumstances.

Emollients include:

if an offense of this classification is committed by a citizen for the first time;
if the insult was made by the accused in response to the misconduct of the police officer.

Aggravating circumstances:

committing an offense while intoxicated;
insulting for the purpose of entertainment, without reason or motivation.

What awaits the violator?

When deciding on penalties, the court takes into account the totality of all components of the criminal act, the identity of the perpetrator, and the consequences.

Statements discrediting government officials, aimed at creating citizens' distrust of the state governance structure, are subject to criminal liability.

In addition to penalties, those convicted may well have to perform enforcement work.

An example from judicial practice

Judicial practice has in its archives many criminal cases, one way or another related to Article 319 of the Criminal Code. For example: gr. Utkin, being drunk, started a drunken scandal in the store. The called police tried to reason with the rowdy, but in response they heard obscene language. This was followed by the detention of the offender and charges against him under Art. 319 of the Criminal Code of the Russian Federation for insulting police officers in the performance of official duties. The court decided to impose a penalty on the offender in the form of a fine in the amount of 5,000 rubles.

Find out more on this topic by asking questions in the comments to the article.

The subject of the crime and the subjective side

Subject - a person who has committed an illegal act. Punishment for the crime in question can be imposed on a citizen upon reaching 16 years of age. A mandatory requirement is the sanity of the perpetrator.

The subjective side reveals the offender’s attitude towards his own behavior. In order for a case to be initiated under the Criminal Code of the Russian Federation, the actions of the culprit must be intentional. The offender must pursue a specific goal - to insult a representative of the administrative apparatus precisely in connection with his activities.

Another prerequisite is the awareness of the illegality of the act and the understanding that the completion of the crime may be followed by appropriate punitive sanctions.

What can be considered an insult

The main reason for opening a criminal case with prosecution is the commission of any offensive act or action against a police officer, be it a written insult or verbal insult. The option of committing it does not affect the fact of a criminal act in the form of an insult.

Criteria and facts that determine the objectivity of an unlawful act in the form of insulting a law enforcement officer:

employee's position;
the specific nature of the offensive behavior;
the date and place of the insult committed against a representative of the State Traffic Inspectorate is also a violation, since he is an official in the government structure and also belongs to the class of police officers (thus, if the driver refuses to comply with the requirements of the traffic inspector, then he should transfer information about this to the traffic police service or higher authorities)

To determine the severity of the crime committed, the assessment of the offensive act is taken into account, determined using such subjective factors as intent, motive, circumstances of the insult and confirmation of guilt. For example, if a citizen insulted a police officer because he extorted a bribe or used other methods of pressure, then the penalty will be significantly mitigated or not applied at all.

Object of the crime: authorities and their composition

An illegal act cannot be recognized as a crime without the presence of the appropriate elements. It includes the object, the objective side. And also, the subject and the subjective side.

The object is understood as the person against whom the crime is being committed. In cases of insult to authority, the illegal act is directed against a specific representative. He is also the injured party.

In more detail, government bodies include officials who perform duties on the basis of various government agencies, and who are also empowered to give instructions to ordinary citizens.

In particular, these are:

Employees of the administrative apparatus - federal and regional. For example, heads of local-level administrations, deputies. Also heads of departments of various areas of activity, if it is included in the state apparatus.
Controlling authorities. This includes the Federal Tax Service of the Russian Federation, the fire service, veterinary supervision, sanitary and epidemiological control authorities (Rospotrebnadzor, FMBA of Russia), and labor inspection.
Law enforcement agencies. Namely - the police, the court, the prosecutor's office, the FSB, customs, the FSSP. The activities of these bodies are aimed at combating violations of the law, ensuring security for citizens of the Russian Federation, and protecting their rights and interests.

Representatives of the authorities are also considered to be military personnel involved in monitoring the observance of public order and protecting citizens.

At the same time, the commentary to Art. 319 of the Criminal Code explains that in an expanded sense, the object of the crime in this case is the very essence and effectiveness of the functioning of the state system. As well as legal relations in the relevant field.