All prescribed penalties for insulting a police officer during execution are provided for in the text of Article 319 of the Criminal Code of the Russian Federation.
This article will address the following questions:
- What actions can be qualified as insulting a police officer?
- What are the criteria and facts that determine the objectivity of a violation in the form of insult?
- What are the conditions and circumstances of bringing to justice with the presentation of a penalty?
- What is the penalty for insulting a police officer in the performance of his official duties?
- Is it possible, and how, to bypass the fine for insulting a police officer during execution?
The police system and each of its employees represent the interests of the authorities in relation to maintaining order. They are part of the overall management system, therefore any insults and expressions addressed to the police, as well as its officials, are regarded as an insult to the entire law enforcement department as a whole.
Moreover, the main objects of insult are the lawful work of a police officer, his dignity and personal honor. Any desecration and insult of a law enforcement representative is fraught with the creation of a threatening situation in the entire public environment and an increase in the risk of threat for all its members, since a law enforcement officer who does not defend his honor and dignity loses authority, which means he will not be able to defend both comfort and safety citizens. This threatens the loss of authority of the entire power structure, which under no circumstances should be allowed.
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Liability for causing intentional offense
If a police officer was humiliated while actually on duty, then responsibility for this action comes under Art.
319 of the Criminal Code of the Russian Federation. If at the time of the offense, the policeman was on vacation, off duty, or the attacker acted out of personal hostility (as against a person), he will be held accountable for his actions under Art. 5.61 Code of Administrative Offences.
Responsibility, according to Art. 319 of the Criminal Code of the Russian Federation is as follows:
- fine up to 40,000 rubles;
- deduction of salary for 3 months;
- compulsory work for up to 360 hours;
- correctional labor for up to 12 months.
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Article 318 of the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ
Article 319 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ
Article 5.61 of the Administrative Code of December 30, 2001 N 195-FZ
Conditions for bringing to responsibility
A citizen who insults a police officer is held accountable if the law enforcement officer was directly performing his official duties to maintain order in the area entrusted to him. If a citizen insults a law enforcement officer during his non-working hours, for example, on a day off, then such a measure of punishment cannot be applied.
In addition, there are a number of other conditions under which you can be held accountable under Article 319 of the Criminal Code of the Russian Federation :
- the age of the person who insulted the police officer must be over 16 years;
- a crime committed must have witnesses. According to the 2021 legislation, an insult is regarded as public if it is intentionally carried out by a person in the presence of other citizens and is motivated by the desire to disrupt the normal activities of a police officer, affecting his authority before citizens and his colleagues as a law enforcement officer;
- the insult is committed directly while the employee is performing his official duties or in connection with their performance, that is, a crime occurs only when the policeman carries out activities to protect public order, and the insults prevent him from performing his official duty;
- the insult is presented in an obscene form, which includes obscene expressions, gestures towards a police officer and other options that contradict social and moral rules of behavior (for example, a slap on the head, a derogatory nickname, etc.);
- there must be intent and motive, that is, there must be evidence that the offender insulted the employee intentionally and far from a constructive comment on his activities, but guided solely by emotional motives (spite, anger, feelings of revenge);
- intentionality or unintentionality of committing an unlawful act. Often, offensive actions towards police officers are noted by citizens who did not have clear intentions or motives for insults, as they were in a state of alcoholic or psychotropic intoxication;
- verbal or written insult (a citizen verbally expressing everything he thinks directly to a law enforcement officer, or in the form of a note or publication in the media).
In the case where an unlawful act regarding the violation of the honor and dignity of a police officer in the performance of his official duties goes beyond all the conditions described above, then it is regarded as a crime against the person. For example, when an employee, while on vacation, hears obscene expressions or swearing addressed to him, then for such actions the person is brought to administrative responsibility with a fine of 1 to 3 thousand rubles.
Insulting a traffic police officer
Insulting traffic police officers is by no means uncommon. Often, motorists do not agree with the actions of government officials and try, as best they can, to prove that they are right. But instead of uttering obscene speech, we must act strictly according to the law. In particular, call 112 and report your complaints, presenting the employee’s badge number. Attention! Only an incorrect statement is considered an insult. If a citizen simply said: “I do not agree with your actions and will protest” (for example), this statement is not an insult.
Examples of insults
Offense is an incorrect, obscene, emotionally charged statement.
Examples of situations: Example 1. Citizen Kuzmenko A.I., while intoxicated, quarreled with a neighbor. Things came to a fight. The neighbor called the police.
Upon the arrival of government officials, Kuzmenko A.I. showed aggression towards them. Namely: he used obscene language, tried to fight, offered all kinds of resistance.
This crime was confirmed by numerous witnesses.
As a result, citizen Kuzmenko A.I. was convicted under Art. 318 and 319 of the Criminal Code of the Russian Federation, and received a fine of 5,000 rubles. and suspended imprisonment.
Example 2. Citizen Kiseleva K.I. was caught red-handed attempting to steal from a grocery store. Store employees called the police.
Upon the arrival of law enforcement officers, citizen Kiseleva uttered obscene language and also attempted to hit the police officers.
For the offenses committed, citizen Kiseleva was sentenced by the court to 8 months of correctional labor.
What is the penalty for insulting a police officer?
The seriousness of the violation lies in the destruction of the authority not of any specific officer, but of the entire law enforcement agency for its inability to deal with such incidents in violation of order. Therefore, it requires the application of certain penalties in relation to the violator.
For insulting police officers, the attacker must be subject to criminal liability, which provides for the following sanctions:
- payment of a fine in the amount of 40 thousand rubles;
- correctional and forced labor for 1 year;
- deprivation of wages for a period of one to three months;
- compulsory work up to 360 hours;
- In addition to all of the above, punishment for insulting the personality of a police officer in the performance of his official duty provides for a ban on holding certain positions and management positions.
Depending on the seriousness and depth of the insult, the above measures can be combined with each other, so the punishment may be more or less severe. For example, a violator may be subject to penalties in the form of a monetary fine and mandatory work in the amount of 360 hours.
When making a decision, the presence of both mitigating and aggravating factors of the commission of an unlawful act, regarding the honor and dignity of the police officer, can be taken into account. However, regardless of the depth of the offensive actions, such behavior will lead to the imposition of penalties, so your dissatisfaction must be expressed in a purely correct form.
Circumstances mitigating the guilt of the offender
There are a number of circumstances that actually mitigate the guilt of the attacker:
- the crime was committed by a citizen for the first time;
- the citizen has a positive characteristic;
- the official acted incompetently, which actually provoked the citizen’s negative behavior;
- the official exceeded his authority, which actually provoked the negative behavior of the citizen.
The simplest method of resolving conflict
In any conflict, the only simple solution is reconciliation of the parties. A citizen who actually committed a violation, in order to avoid consequences according to the Criminal Code of the Russian Federation, must apologize to the official. If the apology is accepted, the case will be dropped.
The difference between insulting a police officer on duty and outside of work
An insult to a police officer can be caused in one of 2 situations:
- during the time when he performs his official duties;
- during the period when he is on vacation.
These situations require different penalties for committing an offense. The first option is considered by the Criminal Code of the Russian Federation (Article 319), the second - by the Code of Administrative Offenses (CAO) of the Russian Federation (Article 5.61).
In the event that a police officer is not on duty, his offender will face administrative punishment for insulting a person. Using obscene language towards a police officer on vacation is punishable by a fine of one to three thousand rubles.
Let's consider an example: gr. Ivanov was detained by police officer Sidorov for drunkenness in a public place. After some time, gr. Ivanov met Sidorov on the street when he was walking with his family, and insulted the policeman, mentioning his arrest for drunkenness. As a result, gr. Ivanov was prosecuted under Art. 319 of the Criminal Code of the Russian Federation. Indeed, despite the fact that the insult did not occur while Sidorov was performing his official duties, the essence of the offensive statements was directly related to the incident that occurred while the policeman was performing his duties.
The article for insulting a police officer during execution provides for differentiation of punishment depending on what was the motivating motive for committing this offense:
- personal hostility towards a specific citizen serving in the police;
- offensive actions towards a law enforcement official.
It is worth noting: insult is not always expressed only verbally. This can also be various publications: in the media (in print, in video), on the Internet (including on social networks). You can read more about punishment for insulting on the Internet in the article https://lexconsult.online/5604-privlechenie-k-otvetstvennosti-za-oskorblenie-lichnosti-v-internete.
After a comprehensive study of the situation in court, the following penalties may be imposed on the perpetrator:
- a fine for insulting a police officer in the amount of 3 months’ salary of the offender (up to 40 thousand rubles);
- forced labor – up to 360 hours;
- correctional labor – up to 1 year.
These penalties can be combined depending on the severity of the violation. A criminal case can be closed if the parties to the conflict reconcile before the case is brought to trial.
For information on existing penalties for insulting a police officer, watch this video
If the attacker is a police officer
If a law enforcement officer has committed a violation, a citizen has the right to go to court or the prosecutor’s office to protect his rights. You should act in stages:
- write a statement addressed to the head of the department in which the offender serves, detailing the circumstances of the incident, evidence of the crime and a request to take action against the offender;
- submit the same application to the main department of the Department of Internal Affairs;
- submit the same statement to the prosecutor's office.
Based on the results of the responses from law enforcement agencies, you should decide whether to go further to court or be satisfied with the result obtained.
If you decide to go to court, it is recommended to seek the help of professional lawyers.
Important! The application must indicate that a written response will be given to the applicant about the decision of the law enforcement agencies.
Composition and description of the crime
A person who was 16 years old at the time the crime was committed (the subject of the crime) is subject to liability. As a rule, obscene statements addressed to police officers are always made with direct intent, and the main motives are resentment, revenge, unwillingness to comply with the lawful demands of the police officer and the most common hooliganism. In most cases, people who behave rudely with the police are in a state of drug or alcohol intoxication; there are often situations when insulting law enforcement officers occurs by teenagers who are not aware of their insolence.
- The object of the crime is the authority of state authorities or local administration. An additional object is the honor and dignity of a government representative (in the described case, an employee of the internal affairs bodies).
- The objective side of the crime is humiliation of honor and dignity. In this case, a necessary sign of the objective side is the publicity of the crime.
- The corpus delicti is considered formal. The crime is completed at the moment the offender publicly utters offensive words, regardless of the consequences of the act.
