What happens if you send a policeman?

The 66.RU journalist in the story of the alcohol shop that sells beer at night on Elmash, and the district police officer who allowed herself incorrect expressions, was lucky: the hype in the media did its job, not only did social activists pay attention to the story, but the city leadership responded almost immediately police. As a result, after 48 hours, the district police officer was removed from her duties, and the stall workers were punished. But if Marina had not been a journalist, then most likely nothing would have happened, and this is hardly correct.

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I complained about the alcohol bar: I haven’t heard such rudeness from people in police uniforms for a long time

After consulting with lawyers and police representatives, we have compiled a memo about what actions of police officers you can complain about and how to do it correctly. But remember: when filing a complaint, you must understand that by groundlessly accusing a police officer, you yourself may find yourself involved in a defamation case.

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.

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At the same time, publicity, as a mandatory condition, can be expressed not only in verbal utterance of insults in society, but also in the publication of false information in the media, on publicly available resources on the Internet, and print media.

Punishment for insulting a police officer under article

Please note that the sanctions of Art. 319 of the Criminal Code of the Russian Federation can be applied only when an insult is caused while the victim is on duty, or they have a direct connection with his activities (for example, they relate to the conduct of operational activities in a criminal case).

When an insult occurs in conditions not related to work (outside of duty, on vacation or at home), then the actions of the perpetrator will be qualified under Article 130 of the Criminal Code of the Russian Federation or will fall under administrative liability under 5.61 of the Code of Administrative Offenses of the Russian Federation and can be considered in a civil manner.

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According to Article 319 of the Criminal Code, for insulting a police officer in a public place, while he is on duty, or in connection with the performance of his official duties, the guilty person may be assigned a significant fine (up to 40 thousand rubles), or from the salary for a period of up to 3 months, corrective labor for a period of up to 1 year, or compulsory work - up to 360 hours.

Liability for insulting a police officer

If it was possible to initiate a criminal case under Article 319 of the Criminal Code of the Russian Federation (there are witnesses, etc.), then the perpetrator will face the following punishment :

fine up to 40 thousand rubles;
or in the amount of the offender’s income equivalent to 3 months;
or compulsory work for up to 15 days;
or correctional labor for up to 12 months.

If it is impossible to initiate a criminal case, the crime will not go unpunished. The perpetrator will be held liable :

Under Article 5.61 of the Code of Administrative Offenses of the Russian Federation (“Insult”) with a fine of up to 3 thousand rubles (for legal entities - 50-100 thousand rubles).
Either under Article 20.1 of the Code of Administrative Offenses of the Russian Federation (“Petty hooliganism”) with payment of a fine of up to 2,500 thousand rubles, or arrest for 15 days.

It also provides for liability for insulting the personality of a person who is not associated with law enforcement agencies.

Insulting a police officer while on duty entails serious consequences. Sometimes it is difficult to control yourself, for example, if you are mistakenly detained during a fight or other event. But the police do not tolerate the degradation of either individuals or the police system as a whole, which the officer represents in the performance of his duties.

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Insulting a traffic police officer

Any of the drivers of the vehicle, when stopped by the State Traffic Inspectorate, at least once, did not agree with their actions. Often, car enthusiasts do not skimp on emotions and do not try to restrain negative impulses. But it is better not to forget about the criminal liability that threatens for insulting traffic police officers while on duty. Therefore, if you do not agree with their actions, or they extort a bribe, it is better to report this by calling the traffic police service and not try to argue with representatives of the law.

IMPORTANT: Dissatisfaction expressed in a correct form, for example, with the words “You are an incompetent traffic police officer,” will not constitute an insult.

You need to realize that when communicating with police officers, you must behave correctly, calmly and avoid verbal attacks against them. Even if it seems that the actions of law enforcement officers against you are unlawful, you need to call the hotline of the Ministry of Internal Affairs and leave a complaint, you can contact the police officer directly, as well as the prosecutor’s office.

By the way, according to statistics, it is traffic police officers who most often encounter rude expressions addressed to them.

What may be mitigating and aggravating circumstances?

Cases of insulting a police officer during execution are considered taking into account mitigating circumstances, which may include the following:

the violator has not previously been charged under Article 319 of the Criminal Code of the Russian Federation or other similar administrative offenses;
the offender’s behavior was provoked by unqualified actions of a police officer;
the insult happened after the policeman exceeded his official authority.

Please pay attention! A possible option to avoid punishment is to reconcile with the injured party. That is, you can ask for forgiveness from the policeman, and the criminal case will be closed by agreement of both parties.

Of course, in addition to mitigating factors, the court also takes into account aggravating circumstances. For example, uttering insults to a police officer while intoxicated or for the purpose of having fun may be considered such.

Who will be punished?

Insulting a police officer (internal affairs bodies) entails punishment under Article 319 of the Criminal Code of the Russian Federation. To be charged under this article, the offender must be 16 years old.

Insulting a police officer is an attack on the adequate activities of police authorities, the authority of police officers, and belittling the honor and dignity of a particular police representative. Alcohol or drug intoxication are not mitigating circumstances when sentencing.

The main feature of this article of the criminal code is the fact of publicity. The method of insult does not matter :

verbal;
publishing insults in the media or on the Internet;
writing similar sayings on leaflets, brochures, etc.

If the fact of publicity is confirmed, criminal charges will be lawful. Publicity means:

Insulting a police officer while performing his official duties (including if the insults are related to the police officer’s activities in any way).
The insults must be uttered in a public place and the event must be witnessed by any other civilians, but not police officers.

The police station is not a public place. Even if you insult a police officer in the presence of a dozen other employees or civilians within such a department, it will not be possible to initiate a criminal case. The same outcome will occur if there are no witnesses in a public place.

Examples of situations falling under Article 319 of the Criminal Code of the Russian Federation

Citizen V., while buying alcohol at a roadside store, quarreled with the seller, as he was under the influence of previously drunk alcohol. The seller called the police. Arriving police officers, in response to legal demands, heard obscene language addressed to them, and the offender attempted to attack one of the policemen. At the trial, CCTV cameras and witness testimony confirmed that the culprit had indeed publicly insulted law enforcement officers, and therefore a sentence was passed not only under Article 319, but also under Article 318 of the Criminal Code of the Russian Federation (assault on a police officer). As a result, he received a suspended sentence and a fine of 5,000 rubles.
Citizen S., brought to the police department, committed four crimes at once over a period of several hours. Three of them are insulting police officers. One - when detained for petty theft, two - directly at the police department. Citizen S. not only expressed gross insults to the police officers performing their duties, but also attacked them with his fists, striking them in the face. For each of three crimes of the same type, the court imposed correctional labor for up to 8 months.

What is considered insulting a police officer?

Any offensive statement (oral or written) addressed to a police officer can be considered grounds for opening a case and bringing to justice.

To determine the objectivity of a criminal act, the following criteria are considered:

The position of the law enforcement officer who was injured;
The specificity of the spoken/written insult;
Day/month/year, form of insult (oral/written), place;

The subjective side is determined by intent, motive and guilt. When determining the severity of a crime, all of the above factors are taken into account. So, if a citizen was forced to insult a police officer who, for example, threatened him, extorted a bribe or used physical force, then more mitigated penalties will be applied to him.

Where and how to complain

In fact, calling anywhere is practically useless; it is best to write. There are several ways here, but it’s difficult to predict which one will work. Therefore, the most effective way is to file a claim with several authorities at once.

The first is to the manager of your offender. That is, write a complaint addressed to the head of the city Ministry of Internal Affairs or the district police department in which the police officer works.

The second is to file a complaint with the department of personal security , whose main responsibility is to ensure that law enforcement agencies work as they should and do not violate the rights of citizens.

The third instance is the prosecutor's office , which must protect the rights of citizens regardless of who violated these rights. Therefore, the prosecutor's office can even influence the police.

The final authority in trying to achieve justice will be the court . But before you go there, it is better to seek the help of an experienced lawyer to correctly draft and file a claim.

You can, of course, submit complaints to all other authorities by telephone, but it is best in writing. The application must be written in two copies: you will give one to the selected department, and on the second you will have to put a stamp confirming the receipt of the paper, indicating the date and assigned number.

There is no special form for filing such complaints. It is drawn up in any form, but with the obligatory indication of the name of the organization and the official to whom you are filing a complaint. You can find out the name and title of the manager to whom you are going to complain on the Internet - on the official websites of departments.

The document must also include your contact information and information about the law enforcement officers against whom you are complaining (if you do not know their positions and names, describe all information by which they can be identified).

Then you tell in the statement the essence of the conflict, after which you write that you would like your message to be verified. At the end there is traditionally a date and signature.

Other Features

A person who insults a police officer can be held accountable only if the police officer was on duty at that moment . If a citizen insulted a law enforcement officer after hours, when he was not on duty (for example, it was a day off), it will not be possible to punish him under Article 319 of the Criminal Code of the Russian Federation.

In addition, in order for a person to be held accountable under Article 319 of the Criminal Code of the Russian Federation, the following conditions must be satisfied:

The person who insulted the police officer must be over sixteen years of age;
Publicity of the criminal act, i.e. in the presence of witnesses;
Intent. It must be proven that the attacker insulted the police officer intentionally, not pursuing the goal of constructive criticism, but guided by hooligan motives (resentment, hatred, revenge);
Intentional/unintentional. Quite often, citizens insult police officers while under the influence of alcohol, drugs or other psychotropic substances;
A form of insult. Thus, there are oral and written forms of insult. Oral, when a citizen expresses what he thinks directly to the face of a law enforcement officer. The written form implies a note, letter, publication in a newspaper, Internet sources, etc.;

Basic terms related to the case

Regardless of the degree of his dissatisfaction with certain government officials, every citizen must express his dislike in an extremely correct form. Even if you were harmed, it is an offense to insult a police officer while on duty. A citizen has the right to appeal his actions in accordance with the procedure established by the legislation of the Russian Federation.

Interesting! Government representatives are part of the mechanism that governs the state. It should be noted that this is a special ideological sphere. It follows that impartial expressions addressed to such a citizen of the country are an insult to the entire system.

The authority of an official is everywhere subject to obscene attacks, and if moral and legislative protection were not provided, the work of the entire system could subsequently be disrupted. Article 319 of the Criminal Code of the Russian Federation provides for punishment for insulting a police officer during execution. If a citizen speaks impartially to an official, and not a representative of the authorities, he is punished in accordance with Article 130 of the Criminal Code of the Russian Federation.

Responsibility

For insulting law enforcement officials, the perpetrator is subject to criminal prosecution. Punishments for insulting a police officer during execution are regulated by Article 319 of the Criminal Code of the Russian Federation. Thus, a criminal person may be sentenced to:

Payment of a fine in the amount of forty thousand rubles;
Correctional labor for up to twelve months;
Salary deduction in the amount of three months' earnings;
Compulsory work up to three hundred and sixty hours;

Depending on the seriousness of the offense, the listed penalties may be mixed, which is why the punishment will be considered more severe. Thus, a criminal person may be required to pay a fine and perform corrective labor.

What criteria are used to determine the composition of a crime?

The offense consists of a citizen using obscene/abusive language, expressed orally or in writing, towards a government official. Some statements are classified as insulting a police officer in execution; this may be a written expression of truthful information about the case. The essence of the violation is that one person insults the personality of another; the aggravating factor is considered to be the direction of actions towards the authorities. Punishment for this is provided due to the fact that offensive actions discredit not only the individual, but also interfere with the full performance of one’s functional duties. The same applies to the system as a whole.

Attention! The corpus delicti is determined if unflattering statements were made publicly. This is where discredit lies.

The punishment for insulting a police officer is determined by the court. The following objective characteristics of the crime are distinguished:

whether the offended citizen has a representative office or corresponds to the status of an official;
the presence of third parties at the time of the insult, which determines its public nature;
specifics of an indecent phrase.

The form and severity of punishment depends on factors such as the place and time of the incident, the form of expression, and the targeting of the victim. As for the subjective side of the described crime, it usually implies direct intent, motive and guilt. In this case, the subjects of the offense are legally capable persons who have reached the age of 16.

The degree of responsibility directly depends on the type of motivation. Typical situations:

a government representative/official can independently provoke aggression from an ordinary citizen against him;
the perpetrator of the offense responded unflatteringly to an appropriate remark;
interfered with the performance of duties by an official;
I was in a drunken state and was having fun this way.

Each of these cases has completely different consequences.

How to avoid?

Having insulted a police officer while on duty, it is unlikely that you will be able to avoid punishment. The only way to do this is to try to apologize to the police officer and beg for forgiveness. If this fails, you should resort to the possibility of mitigating the punishment. According to Article 319 of the Criminal Code of the Russian Federation, mitigating circumstances may include:

This is the first time a citizen has been detained for insulting a police officer;
The police officer provoked an insult by demonstrating a disrespectful attitude, abusing his official powers; (How to file a complaint about abuse of official powers, read here.)
This can be proven by witnesses, voice recorder recordings or video materials.

If it is proven that the insult was unintentional. So, for example, at the time of the conflict, the offender was under the influence of alcohol, drugs or other psychotropic drugs;

Criminal lawyer. Experience in this direction since 2006.

A police officer is a representative of the authorities, for insulting whom you can receive a fine of up to 40,000 rubles or compulsory (correctional) labor (Article 319 of the Criminal Code of the Russian Federation). But much depends on the circumstances of the offense. It must be committed in a public place and in the presence of other citizens.

The police department is not considered a public place. Therefore, obscene language addressed to police officers, even in the presence of unauthorized civilians, will not be classified as a criminal offense. The absence of witnesses in a public place will lead to the same result.

The offense will not go unpunished. For this purpose, there is Article 5.61 of the Code of Administrative Offenses of the Russian Federation “Insult” (the fine is much lower - for citizens up to 3,000 rubles) and Article 20.1 “Petty hooliganism” (fine up to 2,500 rubles or arrest for 15 days).

Are there circumstances under which it is possible to reduce the punishment for insulting a police officer? Will there be punishment for offensive criticism made on the Internet or in the media? The lawyers of the Pravoved.ru portal will tell you about this!

What and how long to wait

After you submit your application, you will be contacted within the near future and asked to come and give more detailed testimony. Your request should be answered within a month, but in practice, sometimes things take longer.

The result of the verification of your application will be reported either in person when you call the department that ultimately dealt with the case, or by mail. Both ways are legal.

If the fact that the police officer has violated anything is proven, then even the leaders of the unscrupulous police officer will be subject to disciplinary measures.
photo: 66.ru

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