St. 297 of the criminal code: part of the punishment

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2018-03-18 20:21:08

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In the domestic criminal law, there is article that establishes penalties for Contempt of court - article 297 of the criminal code. the regulation contains two elements of the crime. Let's consider them in the article. article 297 of the criminal code

St. 297 part 1 of the criminal code

During court proceedings, some persons may behave incorrectly. Any such behavior is considered contempt of court. If it is expressed in insulting the participants of the process, the subject may face:

  1. Fine of up to 80 thousand rubles or the sum of income for six months.
  2. Compulsory work, the duration of which not more than 480 hours
  3. The Arrest for 4 months.

Part 2 of article 297 of the criminal code

In this part of the rules of punishment have been tightened. If the subject insulted the judge, juror or other participant in the administration of justice, he faces:

  1. Fine of up to 200 T. R. or component of income for 1.5 years.
  2. Compulsory work, lasting not more than 480 hours
  3. Up To six months of arrest.
  4. Compulsory work for up to 24 months

contempt of court article 297 of the criminal code

Comments

As the main object of crime is the authority of the court. This organ is considered the guarantor of objective, fair and independent resolution of legal issues. Disrespectful it may have a negative impact on the implementation of justice, to create difficulties for examination of evidence. Besides, incorrect behaviour of participants in the proceedings deprives the process of the educational role. Depreciation of the authority of the court does not lead to an adequate perception of received acts. In Article 297 of the criminal code of Russian Federation fixed liability for two types of misconduct – insult of a person authorized to hear the case, or participants in the proceedings. In the second case, additional objects are the dignity and honor of citizens.

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Humiliation

The Definition of this concept present in article 130. When using Article 297 of the criminal code of Russian Federation Insult should be interpreted in accordance with the provisions of the said rules taking into account that the requirement for qualification of an act is the presence of indecent statements or behavioral acts. In part two Article 297 of the criminal code of Russian Federation the specifics of the assault is determined by the circle of victims. h 2 of article 297 of the criminal code

Explanations

Analyzing the content of article 1 FKZ "About judicial system", we can conclude that as victims under part 2 of article 297 may act as officer of any branch of all parts of the system, as well as arbitration assessors. Entities in respect of which the infringement is committed on part one, are participants in the production, performing procedural tasks in the Central stage of the proceedings. However, they do not carry out immediate justice.

Founding

The specificity of the acts for which the punishment records of article 297 of the criminal code, is that an insult acts as a manifestation of disrespect for court and officials. About the presence of structure it is possible to speak only in the case when the violation harms the order of the meeting, indicates a blatant disrespect to the proceedings and has motivational the relationship with the production. For example, perpetrators can confess the lawyer who calls a presiding judge of a criminal.

Nuances

The presence of a motivational context, insults individuals, which are directly involved in the administration of justice (judge, jury, etc.), while skill will not matter the time, place of offence. A different approach is used in the case when the victims are part of the process. If the insult took place outside of meetings, even within the court building, they do not form a composition. St 297 h 1 of the criminal code

Subjective

The Acts referred to article 297 of the criminal code, guilt is considered committed with direct intent. The subject understands that threatens the dignity and honor of the participant of the proceedings who is aware that its approach to communication with a person in the society is wrong, and offensive remarks or actions are a manifestation of disregard for the authority and operational responsibilities. The citizen wants to commit unlawful behaviours. The responsibility can be held any responsible, under 16 years individual entity. If the offensive statements allowed himself the judge, that his conduct qualifies under article 286, as it indicates a clear transgression of the limits of the powers granted to it. The acts provided for comment on the norm, are considered minor offenses.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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