If you are insulted, do not complain about it to the police, they will not help you! Instruction: how to make a complaint and where to go if you are insulted.
If you are insulted, do not report it to the police, they will not help you! Instructions: What to do, how to make a complaint and how to bring an offender to justice.
1. What to do if you are verbally abused
If you are verbally abused, that is to say insulted in an indecent manner, there is no point in going to the police.
According to the Code of Administrative Offences of the Russian Federation, the initiation of insult cases, i.e. under Article 5.61 of the CAO RF, is within the exclusive competence of the prosecutor.
Thus, an insult complaint is filed with the district prosecutor’s office at the place where the offence was committed.
Resolutions to initiate proceedings for administrative liability for insult are drawn up by district (city) prosecutors and reviewed by justices of the peace.
The insult report form
3. Types of actions which may constitute insult
- Verbal and written insults;
- Insults committed by sending text messages or personal messages, including voice messages, in messengers or social networks;
- Posting insults on social media pages accessible to an undetermined number of people or in group chats of messengers.
(Review of judicial practice of the Supreme Court of the Russian Federation N 2 (2021) (approved by the Presidium of the Supreme Court of the Russian Federation on 30.06.2021))
4. What information must be indicated in a statement of insult
The obligatory criterion is the presence of an indecent form in the actions of the offender, the absence of which excludes the qualification of actions as an insult.
The determining factor is not the victim’s personal perception of the act as humiliating and degrading, but whether it was the act was expressed in an indecent form.
In the application for bringing a person to administrative responsibility, the applicant must specify:
- place and circumstances of the events that took place;
- witnesses confirming the fact of insult (if any);
- attach video, audio footage, photos of text messages;
other materials confirming the insult.
5. Why it is very important not to delay in filing a defamation report
It is important not to delay with sending a statement to the prosecutor’s office!
The deadline for bringing to administrative responsibility for this administrative offence is 3 months from the date of its commission.
Of these 3 months, only 30 days (and in some cases even 60) will last for the prosecutor’s check.
And you also need time to send materials to the court and the court for consideration.
Expiry of the limitation period of bringing to administrative responsibility is a circumstance that excludes the proceedings on a case on an administrative offence, the question of the guilt of a person in committing an administrative offence outside of the limitation period is not subject to discussion.
6. Amount of fines imposed for insult in 2022
Insult shall entail the imposition of an administrative fine
- for citizens – 3 to 5 thousand rubles;
- for officials – from 30 to 50 thousand rubles;
- for legal entities – from 100 to 200 thousand rubles.
For insult contained in a public statement, publicly displayed work or mass media, or committed publicly using information and telecommunications networks, including the Internet, or against several persons, including those not individually identified (Part 2, Article 5.61 of the CAO RF), liability is established in the form of an administrative fine
- for citizens in the amount of 5 to 10 thousand rubles;
- for officials – from 50 to 100 thousand rubles;
- legal entities – from 200 to 700 thousand rubles.
Failure to prevent insult in a publicly displayed work, in the mass media or on information and telecommunications networks, including the Internet (part 3, article 5.61 of the Administrative Offences Code of the Russian Federation) establishes liability in the form of an administrative fine:
-for officials in the amount of 30 to 50 thousand rubles;
-legal entities – from 50,000 to 100,000 rubles.
For insult committed by a person holding a public or municipal office or a public civil or municipal service office in connection with the exercise of his powers (official duties) (Part 4 Article 5.61 of the CAO RF), liability is established in the form of an administrative fine
In the amount of 50 to 100 thousand rubles or disqualification for up to one year.
A repeated commission of an administrative offence,
Repeated commission of an administrative offence entails the imposition of an administrative fine from 100 thousand rubles to 150 thousand rubles or disqualification for up to two years.
7. Fines for insult are not so big, but who will compensate for moral damage
In addition to bringing to administrative responsibility, it is possible to recover compensation for moral damage in monetary form by filing a statement of claim in court.
Important: the decision of the justice of the peace on bringing a person to administrative responsibility for insult will be evidence in a civil case for the recovery of moral damage.
As stated by the RF Supreme Court: “Bringing a person to administrative responsibility for insult (article 5.61 of the CAO RF) is not a ground for releasing him from the obligation to compensate the moral damage caused to the victim financially in accordance with article 151 of the RF Civil Code (“Review of court practice in cases concerning disputes about protection of honor, dignity and business reputation
“Review of the Practice of Consideration by Courts of Cases on Disputes Involving the Protection of Honor, Dignity and Business Reputation
What to do if you receive death threats?
First of all, it should be noted that the concept of “death threats” is when it comes to physical violence, threats to health or life.
If an intruder threatens to set fire to a house, tear up important documents, or cause damage to any other property, this act will not be regarded as retaliation. The citizens are protected from attacks on their health and life even in the verbal form by the article 119 of the Criminal Code (CC) of the RF.
But, unfortunately, in order to bring the threatener to justice, the victim will have to prove that she had reason to fear the implementation of threats in reality.
It is important to remember that violence cannot be fought alone. Often, people who receive death threats are dependent on the abuser. They simply do not have the ability to confront the perpetrator for fear of exacerbating the negative consequences. You don’t have to be afraid to seek help from lawyers who will do everything they can to make sure that their clients’ moral suffering stops.
How do you know if a death threat is real?
The following signs will help you determine that a death threat is real:
- swinging, rapid reduction of physical distance on the part of the intruder;
- Showing weapons or dangerous substances (e.g. poisons);
- Creating an atmosphere in which the victim has the convincing impression that he or she will be retaliated against (for example, by blocking his or her exit from the room, by demonstratively breaking objects in front of him or her);
- The presence of physical evidence (threatening letters or telephone calls or other messages).
Important: It is not necessary that the abuser threatened the person personally. The offender can also be prosecuted if he threatened to use violence against people close to the victim.
Under article 119 of the Criminal Code of the Russian Federation it is possible to attract people who deliberately wanted to instill fear in the victim, to deprive him of peace of mind. In this case the real harm to the citizen must not be inflicted.
If the offender threatened the victim during the beating, the perpetrator will be prosecuted for causing harm to health. Sometimes judges impose punishment based on the cumulative articles of the Criminal Code.
Where to go for protection?
When a person is threatened with reprisal, it is necessary to immediately contact the police. Trying to reconcile with the abuser can bring even more negative consequences on the victim.
For example, the perpetrator may force his demands, realizing his impunity. The fact that the threatening person is a relative or close acquaintance of the victim does not mean that he or she will not commit physical violence.
If a citizen has been threatened, he or she can do the following
- call the police at the address where the crime is committed or has been committed, so that law enforcement officers record all the circumstances of the case on their own;
- call 102 from a cell phone and tell the dispatcher what has happened
- independently come to the precinct officer’s office and write a statement.
In order for a statement that a citizen was threatened to be accepted by police officers, it is necessary to describe all the circumstances of the case in detail and to comply with the formalities. In the document it is necessary to specify the following:
- the name of the police department, to which the statement is sent (the district officer will help with this);
- full data about the applicant: full name, number and series of passport, address of registration and actual residence, phone number, other information that the police officer will ask;
- if a citizen knows who exactly threatened to kill him or her, then in the statement it is necessary to specify the data about the offender: from the name to the place of residence and work;
- information on how exactly the perpetrator threatened the victim, with the transfer of evidence, if any;
- the signature of the applicant and the date of the document.
After investigation of the circumstances, the case will be submitted to the court. In order to ensure that the perpetrator is punished, the victim needs to assist law enforcement in the investigation, namely:
- find people who know the abuser and ask them to give a characterization of the threatener;
- undergo a psychological examination to prove the fact that the offender’s actions have had a negative impact on the victim’s morale;
- try to find evidence of threats: letters, videos, recordings of phone calls;
- involve witnesses who saw or heard that the citizen was threatened.
If the court finds the evidence and testimony of the participants of the case strong, the perpetrator can face a real term of imprisonment of up to 2 years.
If law enforcement authorities find out that the offender intimidated the victim for racial, religious, nationalist or ideological reasons, the punishment will be even more severe. The perpetrator could face up to 5 years in prison.
Entrust the task to professionals. Lawyers will perform the order at the cost you specify. You won’t have to study the laws, read the articles and figure out the issue yourself.