LawCriminal law

Insult to the person - article 130

The gateway to a conversation about insults and consequences can be one case in life. Let's start with the literal transfer of a curious dialogue.

- Tatyana! Why did you break the door of Shura's neighbor?

"Why did she call me a fool?"

"So you have a certificate from a psychiatrist!"

- Well, what, I did not show it to her, - grins the girl with a large physique with a simple, but cunning expression.

Tatyana, certainly, has acted incorrectly owing to the ignorance. And meanwhile, there is an article in the legislation for insulting a person! She should write an application to the court and get decent compensation from her grandmother, who, although she does not have an appropriate certificate, but does not differ in development from Tatyana, does not even have a sense of tact.

After all, there is an insult to the person here, article 130. Some may question the correctness of my assumption that a girl with a certificate can count on winning a court. It seems that it turns out that the woman Shura simply "called things by their proper names"?

But no, my dear! Even a drunken man in a sobering-up station workers do not have the right to call "alcoholic" or "drunk", and by the rules are obliged to apply to him strictly by name and patronymic. Every citizen of Russia has a responsibility for insulting a person, and it does not matter whether he is drunk or lagging behind in mental development.

By the way, if you recall the story with which this article began, you can emphasize one more feature of the legislative article on insults. Even telling the truth, but expressing it in an indecent manner, a person commits a crime. And especially offensive is an insult, which is applied with an indication of any physical deficiencies of man.

It is another matter that it is very difficult to prove an insult to a person (Article 130) - the law does not always work in full force in our country. Therefore, the percentage of people who are offended hourly is extremely small, and they decide to go to court. And even less is the percentage of those who win the dispute ... After all, during the trial , irrefutable evidence of the crime is necessary, and it is extremely difficult to provide the plaintiff to court.

An insult to a person, Article 130, recognizes both the one inflicted personally and the one made against another person. And if a third person can still testify about the composition of the crime in court , then the personal meeting can quite pass confidentially. How to prove in this case an insult to the person?

It is also considered a committed crime if insults are applied over the phone, on the Internet, in writing: scraps, telegrams, letters, drawings or even symbols or with the participation of the media. Insulting an individual article 130 considers a crime and a wordless one, when a person who humiliates human dignity uses improper gestures or actions. Insulting actions are considered spit in the direction of a person, ripping off his clothes, pouring liquids. Practically such actions can not inflict real harm to human health, but the fact of humiliation of dignity here is obvious.

You should respect yourself and not allow any insults in your address. And if it does happen, then all efforts should be made to punish the offender with dignity.

An example of correct behavior can serve as a story that happened in one state farm even under Soviet rule. The young zootechnician went into the accounts department with some complaints about the calculation of wages.

Glavbukh, accustomed to her "unclean" affairs to do with impunity, sent the visitor away in anger. And even in her rustic habit, she had the imprudence to look out the door and shout after her: "Blue hen!".

A young woman calmly asked the people around her: "Are there blue hens? And why did she say that about me? ". And she was pleased to explain that the blue hen - it's thin, in the village these are not very quoted. The village woman should be strong and strong to stop the horse, and, if necessary, replace it in the furrow.

The girl left her head and immediately wrote an application to the court, which she asked to sign present. Not all, of course, agreed, but a couple of witnesses were found. The question is: why did the zootechnician become interested in the people watching the ugly scene about what the phrase "blue hen" means? Yes, then, to draw attention! And to enable everyone to understand that the chief accountant wanted to insult the zootechnician.

As a result, the girl received decent compensation from the insult, who was demoted. And most importantly, this is the fact that from that moment on, no one has attempted to speak out to visiting visitors in a rude manner.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.atomiyme.com. Theme powered by WordPress.