How to write a statement to a local police officer against a person who insults you

Nowadays, it is quite common to come across verbal humiliation from your opponent in an argument or during a regular conflict. In some situations, a simple apology is enough to restore normal relations. But, if honor and dignity are hurt, then many citizens will want to punish their opponent. And this option is also provided for by our legislation.

Today we will tell you how to correctly draw up a statement of personal insult, as well as when it makes sense to file it, and what the threat is for the offender.

When does it make sense to apply?

This article will discuss bringing the offender to administrative liability in accordance with Art. 5.61 Code of Administrative Offenses of the Russian Federation. In other words, we will not be talking about criminal offenses.

As with most other offences, it makes sense to file a complaint when you have evidence of these actions. But we'll talk about them a little later. At this stage, the main thing is to understand whether the offender’s action is an insult. It should not only humiliate the honor and dignity of a person, but also be expressed in an indecent form. Only then will the action be recognized as an insult, and a statement can be written.

And here are the cases in which this can be done, within the framework of this article:

you are insulted over the phone;
you suffer humiliation at work or your mood is spoiled by an ill-mannered neighbor;
you are insulted on social networks;
you were insulted in a public place or something that was obscene was written about you in the media.

If you have a desire to bring someone to administrative responsibility, then you must be prepared:

prove the fact of insults;
state all your suffering (moral or material, and maybe physical) that appeared after this incident;
collect all necessary evidence;
find witnesses to this incident;
evaluate your losses resulting from this precedent, as well as moral damage - in monetary terms.

And only then can you write a statement, say, against a neighbor for insulting him.

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If we are talking about ordinary insult, the size of the fine may vary:

From 1 to 3 tr. for individuals;
From 10 to 30 tr. for officials;
From 50 to 100 tr. for legal entities.

ATTENTION !!! The amount of the fine is determined during the court hearing at the discretion of the authorized person. The amount depends on the evidence presented by both parties, as well as the degree of moral damages received by the victim.

In the case of public insults, the situation is similar, only the amount of fines is several times larger. It should be understood that public insult involves making unflattering statements about a person in the presence of witnesses. Their number does not matter - the insult is public, even if only 1 stranger was present during its implementation.

If we are talking about insults on social networks, the punishment will be similar to regular insults. Modern legal norms do not consider social networks as a public space. Even if other people saw the insult, it will be very difficult to prove the publicity of the statement during the trial.

How to prove the fact of personal insult

This is the most important question. After all, as you know, the offender will not be punished without significant evidence. Therefore, let's take a closer look at what can be used to prove your opponent's guilt. Depending on the nature of the offensive actions, the evidence will vary. Below we will look at three options.

Telephone

Let's consider several ways.

Record

Well, it's not difficult. If you are insulted over the phone, especially if this is not the first time, make a high-quality recording of the conversation (or several conversations). This can be organized either using a voice recorder or using special applications for smartphones.

But there are some nuances here. In the recording itself, the interlocutor must introduce himself (he must be identified somehow). And also, before you start recording, you need to announce the date and time of your conversation.

Once you have managed to make an appropriate recording of such a conversation, prepare a verbal transcript of it. And be prepared for the fact that the court may order an examination of your record.

Witnesses

Of course, it will be great if you find at least one witness to this conversation - from each side. The main thing is that they agree to take part in the trial. Witness testimony has always been excellent evidence in such cases.

One-on-one

What to do if there were no eyewitnesses? The previous method remains - recording on a voice recorder. It is advisable to always carry it with you and be ready to turn it on promptly. Practice also shows that if you warn your interlocutor that you will be recording him, then insults directed at you can be completely avoided.

Social media

Nowadays, a huge part of life is spent on social networks.
And legislation finally began to regulate this area of legal relations. In 2021, if you are insulted on the Internet, you can use a notary to record this fact and try to protect your honor. It is this document that will become excellent evidence in the case.

But here, too, there must also be an appeal to you, i.e. the offender must call you by name at the time of the insult. And also the identity of the offender must be identified.

You can take a screenshot of such a message or a photo of the monitor screen. And also request and provide logs to confirm the date and time when the incident occurred. Also be prepared that this will also be checked by experts.

Anonymous insults

Well, this kind of insult is not uncommon. If previously you could drop an anonymous letter into your mailbox, now you don’t even have to leave the house to do this – there’s the Internet.

Poorly behaved citizens from fake accounts can send offensive messages to anyone with almost free access. In such situations, it can be quite difficult to identify the offender.

Public places and media

In the case of insults in a place that is quite public, there are no problems with evidence at all. In addition to a large number of witnesses, there may also be a couple of random “operators” who recorded the incident on their smartphone. You just have to look for them. And sometimes they themselves show up to help the victim punish the offender.

When offensive actions towards you are used in the media or in a video report, then you don’t even need to look for anything. The entry itself, article, note, etc. – serve as indisputable evidence of this precedent.

In general, we see that each case is unique, each requires its own approach. But the more evidence you have, the greater the chances of success in your case.

Where to contact in case of abuse

Over the past few years, the classification of this offense has constantly undergone changes. There was a similar article in the Criminal Code. But today, for insulting the honor and dignity of citizens, administrative liability is provided in accordance with Art. 5.61 Code of Administrative Offenses of Russia. But in order to bring the offender to this responsibility, it is still necessary to figure out where and in what cases one should turn in this situation.

So, we found out. A citizen who has been insulted can write a statement about this incident to the relevant authorities:

police;
the prosecutor's office;
judicial authorities.

It all depends on factors such as:

the relationship between the offender and the victim;
at what stage the case is being considered;
availability of reasonable evidence of the crime.

Police

If the matter is urgent, you must report the incident to the district police officer. You can also write a statement to the police department. You can send it in one of the following ways:

postal service;
in electronic form on the official website of the Ministry of Internal Affairs;
through the mobile application "Ministry of Internal Affairs of Russia".

Prosecutor's office

Typically, the prosecutor's office is involved in cases where a citizen has been insulted by an official. Then the victim has the right to contact the prosecutor’s office at the place where the offender works or at his place of residence.

To contact the prosecutor, you should collect at least some information about the offender. In this case, the application can be submitted in the following ways:

in person by making an appointment;
postal service;
electronically by mail;
by fax;
on the official website of the Prosecutor's Office of the Russian Federation.

Court

In order to be able to go straight to court with your statement, you must have very strong, undeniable evidence of your opponent’s guilt. Keep in mind that usually an application is submitted here after a pre-trial check, and in case of refusal to formalize documents by the police.

In this case, the identity of the culprit must be accurately established. And the application itself is sent to the judicial authority at the address of your opponent’s residence.

A claim for personal injury can be filed in court:

in the office in person;
by postal service against signature;
electronic.

Common mistakes on a given topic

Mistake #1 . Insulting another citizen may entail exclusively administrative liability. There are circumstances in which insult may result in criminal liability. Thus, in accordance with Article 319 of the Criminal Code of the Russian Federation, if insults were inflicted on a police officer or other government official, the fine will range from three average monthly salaries to 40,000 rubles, compulsory labor of up to 360 hours or correctional labor for up to one year is possible.

Mistake #2. You can file an application for insults received from another citizen directly to the Prosecutor General's Office of the Russian Federation. A complaint in writing or electronically should be addressed directly to the Federal District Attorney's Office. Direct appeals to the General Prosecutor's Office of the Russian Federation without consideration by the heads of lower-level structures are redirected to the appropriate district prosecutor's office within seven days, which only delays the consideration of the case.

How to make an application

The application itself can be written in free form, but several requirements must be taken into account:

Fill out the “header” of the application: the name of the authority to which this application is being submitted (you can also indicate the full name and position of the person who should accept this application, but this is not so important); your name, address and contact details.
Well, then, as a standard, we write the word “Application” in the middle and below the very request to bring a specific person/group of persons to administrative responsibility in accordance with Art. 5.61 of the Code of Administrative Offenses of the Russian Federation (the article may not be indicated, but it is better to do so if you are absolutely sure that this is it). Here it should be clarified whether the insults were one-time or even permanent in nature - the punishment for the offender will depend on this.
Next, we get to the point: we consistently and in detail outline the circumstances of what happened (with date and time).
We make sure to mention both the participants in the incident and the witnesses to it.
To describe the insults themselves, it is not necessary to list them (sometimes this is very difficult morally), you can simply write that they were obscene.
Now you can move on to the evidence you have - list everything you have attached to your application.
Place your signature with the transcript. Please indicate the date this application was completed.

When reporting an insult to the police, also use this example, just replace the name of the authority in the “header”.

Also, additionally, try to draw the prosecutor’s attention to the fact that you can obtain other evidence to confirm the crime. For example, if the place where the incident occurred has CCTV cameras, then a government official can easily request this footage from the manager of that place.

Punishment

Within two days from the receipt of the application, the prosecutor must either refuse or initiate a case. Of course, if we are not talking about a case in which everything is already obvious. In this case, it is excited immediately.

But when everything is not so transparent, there is a need for a prosecutorial review, which can take about two months (but no more). The applicant will be notified of the decision in any case.

When the picture of the offense is already clear to the prosecutor, he sends the case to court. And there, after consideration, a punishment is imposed. Article 5.61 of the Code of Administrative Offenses of the Russian Federation provides for three penalties for insulting a person, depending on the situation:

Humiliation of the dignity and honor of a citizen, which is expressed in an indecent form, is punishable by the imposition of penalties:
for legal entities persons – from fifty to one hundred thousand rubles.
Insult in public places, as well as in the media:
for legal entities persons – from one hundred to five hundred thousand rubles.
Failure to take measures to prevent public humiliation, as well as insults in the media:
for legal entities persons – from thirty to fifty thousand rubles.

If the prosecutor refuses to initiate an administrative case, the applicant has the right to appeal his action in court.

Compensation for moral damage

As a rule, when filing a claim in court, a person not only wants to punish his offender, but also to compensate for his moral damage. The court may grant a request for compensation in cases where, due to insults, the injured person:

couldn’t go to work like before;
failed to close the planned transaction;
did not carry out other actions that were important to him.

The amount of the desired compensation must also be indicated directly in the application. And then the offender will be forced to pay compensation to the victim for the losses he has suffered, as well as for the moral damage caused as a result of this incident.

Current questions on a given topic

Question No. 1. What size fine can a citizen face who has publicly insulted him?

Answer: For inflicting public humiliation, the law provides for a fine of 5,000 to 50,000 rubles.

Question No. 2. What mandatory details must be provided to a citizen filing a claim in court against another citizen who has publicly insulted him?

Answer: The mandatory details of a statement of claim to the court include:

name of the government agency;
Full name of the defendant;
description of the situation;
link to regulations.