Public humiliation of a child. How to punish a minor for insults on the Internet (on a social network)? Resentment may come from

With Antoshka not a single superfluous word can be said: he will immediately take it into service, will use it completely unpredictably.

Good afternoon.

It all depends on the age of the minor child who caused the harm. If he is under 14 years old and harmed while he was at school, then the school, not the parents, will be responsible, unless it proves that the harm was not due to its fault. If he proves it, the parents will be responsible.

If he is over 14 years old, then this minor will bear responsibility on his own.

Article 1073. Liability for harm caused by minors under the age of fourteen

1. For harm caused to a minor under fourteen years of age (juvenile), his parents (adoptive parents) or guardians shall be liable, unless they prove that the harm was not due to their fault.

3. If a minor citizen caused harm during the time when he was temporarily under the supervision of an educational organization, a medical organization or other organization obliged to supervise him, or a person who supervised him on the basis of an agreement, this organization or this person is liable for the harm caused, unless it proves that the harm occurred through no fault of theirs in the course of supervision.

Article 1074. Liability for harm caused by minors aged fourteen to eighteen

1. Minors between the ages of fourteen and eighteen shall independently bear responsibility for the harm caused on a general basis.

2. In the event that a minor aged fourteen to eighteen does not have income or other property sufficient to compensate for harm, the harm must be compensated in full or in the missing part by his parents (adoptive parents) or guardian, unless they prove that the harm arose through no fault of their own.

This is with regard to moral harm caused by insult and mockery. As for the beatings, you need to file a statement with the police. If a child has reached the age of 16, then he will be the subject of a crime, i.e. subject to criminal liability. If he is less than 16 years old, then he will be registered with the commission on juvenile affairs.

Article 116. Beatings

1. Inflicting beatings or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, -

shall be punishable by a fine in the amount of up to forty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months, 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 six months, or by arrest for a term of up to three months.

Article 117. Torture

1. Infliction of physical or mental suffering by systematic beatings or other violent actions, if this did not entail the consequences specified in Articles 111 and 112 of this Code, -

shall be punishable by restraint of liberty for a term up to three years, or forced labor for a term up to three years, or imprisonment for the same term.

Article 87. Criminal liability of minors

1. Persons who by the time of the commission of a crime were fourteen years old, but not eighteen years old, are recognized as minors.

2. Compulsory educational measures may be applied to minors who have committed crimes. or they may be sentenced, and if they are released from punishment by the court, they may also be placed in a special educational and educational institution of a closed type.

Article 90

1. A minor who has committed a crime of small or medium gravity may be released from criminal liability if it is recognized that his correction can be achieved through the application of compulsory measures of educational influence.

2. The following compulsory educational measures may be assigned to a minor:

a) a warning

b) transfer under the supervision of parents or persons replacing them, or a specialized state body;

c) the imposition of an obligation to make amends for the harm caused;

d) restriction of leisure and establishment of special requirements for the behavior of a minor.

Article 20. Age of criminal responsibility

1. A person who has reached the age of sixteen by the time the crime was committed is subject to criminal liability.

Minor citizens are protected by the Constitution of the Russian Federation and other current legislative acts of the country. Modern children are much more developed than their peers who lived in the XX century, the behavior of many leaves much to be desired. However, this does not give the right to other people to commit illegal acts against them.

This concept includes negative expressions and actions that humiliate, violate the mental and emotional state of a citizen under the age of 18. Insults include:

• comparison with an animal or an object (according to sociologists);
• unpleasant touches to the body or clothes, including those associated with exposure;
• abusive and obscene words addressed to the child.

Children who are regularly subjected to psychological humiliation grow up unbalanced, acquire complexes and low self-esteem; as adults, they cannot stand up for themselves and have normal contact with others.

Resentment can come from:

• peers;
• teachers and lecturers;
• strangers adults;
• parents.

An unpleasant incident occurs once or continues for a certain period of time. Such an unlawful action is regarded by the legislation as continuing, the limitation period for filing a complaint on it begins to be calculated from the day of detection (clause 2, article 4.5 of the Code of Administrative Offenses of the Russian Federation). The abuser is over 16 years old self-punishment for their words and deeds, for young children, the defendants in the case are legal representatives. The same rules apply to the injured party.

Parents should not ignore insults to their child by third parties. It has been proven that psychological trauma experienced by children often causes physical injury and even suicide.

Legal regulation of the issue

Humiliation of the honor and dignity of a citizen, including a minor, with obscene words, gestures and actions is considered in Article 5.61 of the Code of Administrative Offenses of the Russian Federation. for such a violation provides, the amount of which depends on the status of the offender and the conditions for the commission of the unlawful act. A separate procedure for consideration has negative expressions addressed to someone, voiced in the media, as well as the inaction of persons who had the opportunity to prevent insults.

For citizens, a fine is set from 1,000 to 5,000 rubles, for officials and legal entities the amount increases, reaching in some cases 500,000 rubles.

Liability for insult

Prior to the repeal of Article 130 of the Criminal Code of the Russian Federation, according to which proceedings were previously carried out in the case, claims of this kind were filed. The legal representatives of minors whose dignity has been harmed have the right to turn to the police, since the duties of this authority include accepting applications on any issues. However, the complaint against the offender will be referred to the prosecutor's office for consideration (clause 1 of article 28.4 of the Code of Administrative Offenses of the Russian Federation).

Therefore, it is advisable to immediately pay a visit to the prosecutor, documenting the appeal in accordance with the norms of the law. Before writing, it is useful to think over arguments that are convincing enough for the offender, take care of documentary evidence of the violation (audio recordings, testimonies, etc.).

At the same time, one should not forget that it is punishable by a fine in the established amount or correctional labor (clause 1 of article 307 of the Criminal Code of the Russian Federation).

When writing a statement to the prosecutor, it is important to pay attention to the following points:

• accurate indication of personal and contact details to inform about the progress of the consideration of the issue and feedback;
• a detailed description of the incident that occurred, including the place and time of its occurrence;
• availability of evidence attached to the claim.

When filing a claim, you need to remember the statute of limitations for penalties in a case of an administrative offense, which is 2 months (Article 4.5 of the Code of Administrative Offenses of the Russian Federation). The prosecutor also has a two-month period for consideration of the application, due to the need to collect additional evidence, it may increase up to 90 days (Article 29.6 of the Code of Administrative Offenses of the Russian Federation). If the verdict is positive, the documentation of the insult proceedings is sent to the court, where the amount of the fine is set for the offender.

Filing a lawsuit

Appeal to the judge in a juvenile case produced in two cases:

• when the injured party demands compensation for moral damage;
• to appeal against the actions of the prosecutor who rejected the application of the offended citizen.

Filing a lawsuit involves the payment of a state fee, the amount of which is established by Article 333.19 of the Tax Code of the Russian Federation.

The recovery of compensation for moral damage is a legally enshrined right of citizens, claims for it do not have a statute of limitations.

When considering a case, the degree of guilt of the offender, the severity of the crime and other circumstances are taken into account, taking into account which the court has the right to award monetary compensation to the injured party (Article 12, 151 of the Civil Code of the Russian Federation). In the claim, it is permissible to indicate the requirements of both material and other nature.

Depending on the amount of compensation requested, one should apply to a justice of the peace (in case of a claim up to 50,000 rubles) or to a city (district) court. When the parties tried to resolve the issue on their own, evidence must be attached to the application conducted negotiations.

The procedure for filing a complaint against the inaction of an official of a public authority is defined in Chapter 22 of the CAS (approved by Federal Law No. 21 of March 8, 2015). The offended citizen is given a period of three months to protest the decision of the prosecutor, while the appeal is initiated in accordance with the rules of jurisdiction (Chapter 2 of the said “Code…”).

Based on the results of consideration of the request, the court issues a decision to satisfy the claim or a refusal motivated in accordance with the current legislation.

When the case of insult affects minors, it is wiser to resolve the problem peacefully, agreeing with the offender on a solution to the issue that suits both parties. Litigation is often lengthy and may require the presence and testimony of the child, which negatively affect his psychological state.

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Insult: concept

Insulting a minor is presented as an act aimed at humiliating a person by other persons, that is, offenders, which can be both adults and other children.

Such statements suggest the presence of an indecent, rude and even obscene form of communication, in particular in raised tones. Such behavior violates the rules of etiquette and morality. It is also considered an insult to compare a child with a thing or animal, which is recognized as a direct violation of the provisions of the Constitution of the Russian Federation.

Notice! Insulting minors involves a number of features, which include the following:

• expressions that are considered a curse are used;
• there is pressure on psychological condition child;
• harm to health;
• direct or indirect threats are voiced;
• other manifestations of rudeness.

At the same time, doubts often arise as to whether, in a particular situation, what is said to the child can be considered an insult.

On the one hand, people can simply point out the child's mistakes, show dissatisfaction and try to explain how to act correctly, which does not always work without emotions, calmly.

On the other hand, often in a dispute, people cross the line of hostility towards a person, which is why the use of swearing, scolding and other offensive words occurs, so each case should be investigated separately.

Insulting another child

When children swear at each other, adults often do not attach any importance to this. However, from petty disputes, bullying of the child in the team is then formed. This can lead to psychological trauma and even physical injury, and the most deplorable outcome can be child suicide.

In the event of an insult by a child under the age of sixteen, the parents or legal representative will be responsible for this. The child himself can only be punished by adults.

Insult by a school employee

V educational institutions regardless of whether it is kindergartens or schools, there is an unpleasant situation of insulting children by teachers and other employees of such places.

Please note! In case of insulting a child by a teacher, the protection of a minor can take place in the following ways:

• a conversation directly with the teacher, who allowed himself to insult the child. A rigid parental stance may discourage the use of such means of humiliation in order to control the student's behavior;
• sending an oral or written complaint to the management of the institution;
• visiting the Department of Education in a particular city;
• appeal to the police and the judiciary.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Insulting a child by an adult

Insulting children by adults also happens quite often.

There are two options for the manifestation of the considered actions:

• a child left without parental supervision may become a victim of abuse in public transport, at school when in contact with parents of other children, in shops, and so on;
• children receive insults from their own parents and close relatives.

This behavior is caused by the lack of experience in dealing with children, immorality, bad manners and even stupidity. The misconception that the disobedience and mistakes of children can only be eliminated through rudeness and humiliation.

Watch the video. What is personal defamation and how to get compensation:

Punishment for insulting a child by an adult under article

There are no penalties for child abuse. The only form of liability that may be applicable is administrative under Art. 5.61 of the Code of Administrative Offenses of the Russian Federation.

The penalty for insulting a child in administrative proceedings is expressed in the imposition of a fine.

Attention! If there are no qualifying signs, then the following fines are assigned:

• citizens - 1000 - 3000 rubles;
• legal persons - 50,000 - 100,000 rubles.

If a manifestation of a qualifying sign is established, namely a public insult through a speech, an appeal to the media, then the amount of fines will be as follows:

• citizens - 3,000 - 50,000 rubles;
• officials - 30,000 - 50,000 rubles;
• legal persons - 100,000 - 500,000 rubles.

It also separately provides for liability for persons who could, but did not prevent public insults through speeches and publications in the media.

The fines are as follows:

• officials - 10,000 - 30,000 rubles;
• legal persons - 30,000 - 50,000 rubles.

In practice, fines under the first part of Art. 5.61 of the Code of Administrative Offenses of the Russian Federation.

When holding an adult accountable, it should be assessed whether the child's behavior has become a provoking factor in such a reaction. If this fact is established, then this will not exclude liability, but the parents of the offended child will also suffer appropriate hardships.

What to do if a minor is abused

If a person has witnessed how a child is being abused, regardless of whether an adult or another child is doing this, then you need to respond. The first step will be to inform the parents about this fact, and then they will need to obtain a psychologist's opinion on the consequences of insulting a minor.

An appeal on the fact of insulting a child is carried out to the Prosecutor's Office or the court.

Important! The following types of evidence must be submitted:

• testimony of witnesses;
• physical evidence (video, audio, photo, and so on);
• written evidence;

The list is not exhaustive. Any information confirming the fact of insulting a child will be recognized as evidence.

How to write a complaint letter

It is obligatory to draw up a statement about insulting a teenager sent to the Prosecutor's Office or the Police in order to bring the perpetrator to justice.

A document is drawn up in free form, since a unified sample is not provided.

In this case, the application must necessarily contain such information as the circumstances of the incident, the form of expression of insults, the date and time of the incident.

An application is sent no later than two months after the incident.

The procedure for considering an application by a prosecutor

The prosecutor is obliged to consider the application, if such is drawn up in accordance with the rules established by law, and then issue a decision to initiate or refuse to initiate a case. The prosecutor's decision can be appealed through the court.

Attention! The investigation of the case should not exceed one month. Representation of the interests of the child is carried out by parents or other legal representatives. As soon as the case is investigated by the Prosecutor's Office, the materials are transferred to the judicial authority.

Getting compensation

According to Art. 151 of the Civil Code of the Russian Federation, the parents of a child who was insulted that caused harm: both moral and physical - can apply to the judicial authority and demand compensation for actual damage from the offender - if it was another child, then from the parents of that, if he insulted an adult, then directly from him.

The claim is submitted either to the district court or to the justice of the peace. The body is determined according to the amount of compensation. Up to 50,000 - a justice of the peace, over 50,000 - a district court. Also, a state duty must be paid, the amount of which is determined by Art. 333.19 of the Tax Code of the Russian Federation.

If peaceful negotiations of the parties to the dispute were held, but without results, then evidence of such actions must also be presented to the judicial authority. Based on the results of consideration of the claim, the court must make a reasoned decision that satisfies or, conversely, refuses to satisfy the requirements.

According to procedural rules, court proceedings cannot last longer than two months. However, in practice, these deadlines are not observed, and the consideration of the case in court is extended.

At the same time, claims directly for damages for insults are considered at no more than one meeting, except in cases where additional information is required, for example, to invite witnesses whose testimony was presented, or to obtain an additional opinion from a psychologist, and so on.

Important! The guilty person, as well as the parents of the child, must participate in the meeting. The court summons the child himself if necessary, or if he is sixteen years old.

As a result of consideration of the case, the judge issues a decision in the form of a decision, in which either the applicant’s claims are rejected or satisfied. You can appeal this decision within ten days.

On the part of the perpetrator, measures must be taken to reconcile with the child's parents, or information must be provided that would convince the Prosecutor's Office or even the court to reject the applicants' application or not to initiate a case at all.