The Supreme Court has determined how to evaluate insults to the security forces – Kommersant

The Plenum of the Supreme Court of Russia (RF Supreme Court) adopted a resolution in which it approved the nuances of considering criminal cases on insult, violence and encroachment on the life of law enforcement officers. This was reported RAPSI.

As the Supreme Court of the Russian Federation ruled, the crime of insulting the security forces under Art. 319 of the Criminal Code of the Russian Federation (insulting a representative of power) consists in public humiliation of the honor and dignity of a representative of power, which affects his personal, professional or official qualities. Insult may be committed by publicly swearing or posting derogatory information in the media or the Internet without restricting access to the recording of others. A prerequisite for criminal liability in the Armed Forces of the Russian Federation called the public nature of insults.

The resolution notes that a public insult to a representative of the authorities, which was committed during or after the use of violence against him, should be qualified according to the totality of crimes under Art. 318 (use of violence against a representative of authority) and 319 of the Criminal Code of the Russian Federation.

The RF Armed Forces noted that crimes under Art. 317 (encroachment on the life of a law enforcement officer), 318 and 319 of the Criminal Code of the Russian Federation may not coincide with the time when a representative of the authorities carries out lawful activities to protect public order and ensure public safety, and also performs his official duties.

“The courts must in each case clarify the goals and motives of the deed, carefully check whether there is a connection between the activities carried out by these victims or the performance of these duties by them and the act committed against them. This circumstance should equally be taken into account in cases of criminal liability for an encroachment on the life of relatives of a law enforcement officer or a military man, as well as for the use of violence or the threat of its use against relatives of a representative of the authorities,” the resolution says.

The Supreme Court of the Russian Federation added that the courts should take into account that certain categories of law enforcement officers may be assigned exceptional duties in terms of their scope and nature of protecting the life and health of citizens, combating crime and protecting public order. “In this connection, liability under Article 317, 318 or 319 of the Criminal Code of the Russian Federation for infringement on such an employee or his relatives occurs, including in cases where he carries out lawful activities to protect public order and ensure public safety during off-duty hours, for example, when he on his own initiative or at the request of citizens, he took legal measures to prevent a violation of public order or suppress a crime, ”the RF Armed Forces added.

Olesya Pavlenko