1. Public actions expressing clear disrespect for society and committed with the aim of insulting the religious feelings of believers, -
shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to two hundred and forty hours, or by forced labor for a term of up to one year, or by imprisonment for the same term.
2. Acts provided for in the first part of this article, committed in places specially designed for religious services, other religious rites and ceremonies, -
shall be punishable by a fine in the amount of up to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to four hundred eighty hours, or by forced labor for a term of up to three years, or by imprisonment for the same term with restriction of freedom for a term of up to one year or without it.
3. Illegal obstruction of the activities of religious organizations or the conduct of religious services, other religious rites and ceremonies -
shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to three months.
4. The acts provided for in part three of this article, committed:
a) by a person using his official position;
b) with the use of violence or the threat of its use, -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to one year. , or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years.
- Article 147. Infringement of inventive and patent rights
- Article 149. Obstruction of holding a meeting, meeting, demonstration, procession, picketing or participation in them
Commentary to Art. 148 of the Criminal Code of the Russian Federation
According to the Constitution of the Russian Federation (Article 28), everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or together with others any religion or not to profess any, to freely choose, have and disseminate religious and other beliefs and act in accordance with them.
The object is social relations arising regarding the unimpeded legal activities of religious organizations, the performance of rituals, freedom of conscience and freedom of religion.
The objective side of the crime is illegal obstruction of: 1) the activities of a religious organization or 2) the performance of a religious ceremony.
The method of obstruction is not specified. It may depend on who - the organization or the individuals - is being obstructed. This may be the use of violence or threats of violence, restriction of freedom, damage (destruction) of things, etc. in order to force a person to refuse to perform a religious ceremony or participate in the work of a religious organization, refusal to register a religious organization, deliberate destruction or damage to its property, etc. .P.
Depending on the method of obstruction and the socially dangerous consequences that occur, the act may be classified as a set of crimes, for example, as causing harm to health and obstructing the exercise of the right to freedom of conscience and religion.
A religious organization is recognized as a voluntary association of citizens of the Russian Federation and other persons permanently and legally residing in the territory of the Russian Federation, formed for the purpose of jointly professing and spreading the faith and registered as a legal entity in the manner prescribed by law.
The right of a person and citizen to freedom of conscience and freedom of religion can be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of a person and citizen, ensuring the defense of the country and the security of the state.
———————————
See: Federal Law of September 26, 1997 N 125-FZ “On freedom of conscience and religious associations” // SZ RF. 1997. N 39. Art. 4465.
Based on this, obstructing the activities of officially unregistered religious organizations, totalitarian sects, or the performance of pseudo-religious rituals that infringe on the personality and rights of citizens does not constitute the crime under consideration.
Forcing a person to participate in a religious ceremony or the activities of a religious organization also cannot be qualified under Art. 148 of the Criminal Code of the Russian Federation. Such an act forms a crime depending on the method of criminal behavior and (or) the socially dangerous consequences that occur.
Religious rites include, for example: divine services, baptism, wedding, communion, confession, participation in prayer, funeral services, religious processions, pilgrimages, etc. Divine services and other religious rites and ceremonies can be performed in religious buildings and structures and on the territories related to them, in other places provided to religious organizations for these purposes, in places of pilgrimage, in institutions and enterprises of religious organizations, in cemeteries and crematoria, as well as in residential areas.
The elements of the crime in question are formal. The crime is completed from the moment the act itself is committed, regardless of whether it was possible to prevent the activities of a religious organization or the performance of a religious ceremony.
The subjective side of the crime is characterized by guilt in the form of direct intent. The person is aware that he is performing actions (inaction) that interfere with the activities of a religious organization or the performance of a religious ceremony, and wishes to carry them out.
The general subject of the crime is a sane person who has reached the age of sixteen.
What is a crime?
To answer the question of what kind of insult to faith will be considered criminal, one should refer to the provisions of Art. 14 of Chapter 3 of the Criminal Code of the Russian Federation, which provides the official interpretation of the category “crime”.
The type of offense under consideration has all the characteristics that make it possible to classify it as criminal:
- guilt - an act is punishable only if there is a deliberate mental attitude towards it on the part of the offender;
- public danger - disrespect for the feelings of admirers of shrines poses a significant threat to society and can cause significant harm to protected interests;
- illegality - deviant behavior contradicts generally accepted norms of morality and law;
- Punishability - for damage caused (moral, material, etc.), the sanction of a legal norm provides for punishment corresponding to the severity of the offense and the circumstances of its commission.
The listed characteristic features of a criminal tort make it possible to distinguish it from Art. 5.26 Code of Administrative Offenses of the Russian Federation. In addition, the division of related criminal acts and their difference from administrative offenses is determined by the objective side and other elements of the crime.
Judicial practice under Article 148 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 4, 2017 N 72-APU17-21
- March 4, 1998 by the Chita District Court of the Chita Region under Part 3 of Art. 148, part 3 art. - 148 Criminal Code of the RSFSR, Art. 222 of the Criminal Code of the Russian Federation, in accordance with Art. Criminal Code of the RSFSR to 4 years in prison. In accordance with Part 3 of Art. Criminal Code of the RSFSR to 8 years in prison to be served in a high-security penal colony. Released by order of the Ingodinsky District Court of Chita dated March 25, 2002 on parole for an unserved term of 1 year 7 months 18 days;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated April 4, 2017 N 48-APU17-4sp
SINGAEVSKY E.V., ... convicted on April 20, 1998 under Art. 148 part 5 of the Criminal Code of the Russian Federation to 5 years of suspended imprisonment with a probationary period of 5 years; January 31, 2000 under Art. 222 part 1 of the Criminal Code of the Russian Federation on the basis of Art. of the Criminal Code of the Russian Federation to 6 years in prison, released on December 7, 2004 after serving the sentence; October 8, 2010 under Art. 126 part 2 paragraph “a” of the Criminal Code of the Russian Federation to 7 years 11 months imprisonment,
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated March 21, 2018 N 18-APU18-1
law enforcement agencies of the Republic of Austria to bring to criminal liability for fraud under Art. 146, part 2 art. 147, art. 148 of the Criminal Code of the Republic of Austria - left without satisfaction. Having heard the report of judge Vedernikova O.N., the speech of Ananyan A.R., lawyers Bryantsev R.N. and Vakarin N.S., who asked to cancel the resolution, the opinion of prosecutor Kurochkina D.A. on leaving the decision unchanged, Judicial Collegium
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 17, 2020 No. 3-APU19-10
- June 28, 1996 under Part 2 of Art. 148 of the Criminal Code of the RSFSR to 1 year 6 months of imprisonment, released on September 3, 1997 upon completion of the sentence; sentenced to imprisonment under: - Part 2 of Art. 210 of the Criminal Code of the Russian Federation to 8 years with a fine of 350 thousand rubles. with restriction of freedom for 1 year;
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 19, 2017 N 51-APU17-16
- August 15, 1994 by the Altai Regional Court (taking into account changes made by the decisions of the Rubtsovsky City Court of the Altai Territory dated March 12, 2001 and December 16, 2004) under Art. and pp. “a”, “e” art. 102 of the Criminal Code of the RSFSR, paragraphs “a”, “d”, art. 102 of the Criminal Code of the RSFSR, art. 113 Criminal Code of the RSFSR, Part 2, Art. 159 of the Criminal Code of the Russian Federation (as amended by the Federal Law of 2003), part 3 of Art. 148 of the Criminal Code of the RSFSR, in accordance with Part 1 of Art. Criminal Code of the RSFSR to 14 years 6 months in prison, with the first five years to be served in prison. Released on January 25, 2008 after serving his sentence;
How to Determine Whether Specific Statements Are Offensive
The goal of a destructive, humiliating impact on the value system of believers was introduced by the legislator into the design of the norm as a mandatory element of the composition. Without it, it is impossible to prosecute.
To understand what the essence of insult is, it is worth turning to administrative legislation, since in 2011 this act was decriminalized and included in the Code of Administrative Offenses of the Russian Federation (Article 5.61).
Insult is understood as actions or statements that humiliate another person, expressed in an indecent form.
This offense should be distinguished from libel – the dissemination of knowingly false information that damages the reputation of the victim.
As can be seen from the above definitions, providing truthful information to outsiders can also be considered an insult, but in a form that is not generally accepted and causes rejection among people.
Regarding insults to the views of believers, to insult means:
- Act publicly.
- Express through your actions a clear disregard for social norms and rules.
- To humiliate in an indecent manner the worldview of at least two adherents of religions permitted in Russia.
In the presence of the above conditions, in particular, the following offenses can be recognized as criminal: ridicule of theistic canons and dogmas accompanied by obscene language, rude criticism of a person’s personal traits associated with belief, indecent behavior in relation to revered objects of worship, nudity and posing in or in front of temples, putting derogatory texts on T-shirts and much more.
How can you protect yourself from insults?
A citizen has the opportunity to protect his rights by going to court. According to the law, the plaintiff must be given a clear justification of what exactly the violation is. It is necessary to clarify exactly how the feelings of believers were offended. Attach audio and video recordings to the claim, rely on the testimony of witnesses.
Important! In our country you can choose who to be: a believer or an atheist. There is only one condition - to respect other people's choices
To insult another person's chosen religion is to break the law.
Each state (Kazakhstan, USA, France and others) has its own attitude towards blasphemy. Thus, in the USA, freedom of speech comes first, so people are not persecuted for having a negative attitude towards religion.
In Russia, posts on social networks and videos with offensive content are also a violation of the law. In order for victims to protect their rights, they need to be prepared. To do this, scans of pages are notarized. The cost of work is determined by notary fees. A protocol drawn up based on the results of the inspection will confirm that an insult actually occurred.
So, you need to be respectful of the choices made by other people. If it is proven that the accused actually used offensive language and humiliated the religious feelings of other people, he will have to bear responsibility. Currently there is no bill or current federal law (FL) that establishes which religion is the main one for Russians. Therefore, they can be punished not only for insulting Christians, but also for humiliating the feelings of believers professing other religions - Buddhism, Judaism, Islamism, etc. However, most cases are controversial. It is necessary to determine whether humiliation for religious reasons actually took place, or whether the accused was simply making a bad joke.
Punishable acts
It is possible to bring to criminal liability under this article persons (or persons) who have committed unlawful acts in relation to a religious organization, that is:
- openly and rudely spoke out against its adherents;
- tried to disrupt religious events;
- caused damage to the property of a religious organization;
- threatened members of a religious organization.
The talk about religious organizations in the article is not accidental. In Russia, all associations of believers are divided into two large types: groups and organizations. The first ones are officially registered and have been operating in the country for at least 1 year. The second are voluntary associations that are not required to formally register. That is, in order to bring to justice a person who committed an illegal act that offended the feelings of believers, the believers themselves need to be united in an organization. Naturally, in the absence of a religious organization, it is also possible to bring the hooligan to justice. But other articles will be used.
