Proceeding Volume 5 Issue 5
Professor of Department of the State and Municipal Administration of the Institute of Public Administration and Civil Service of the Russian Presidential Academy of National Economy and Public Administration, Russia
Correspondence: Igor V Ponkin, Doctor of Law, Professor of Department of the State and Municipal Administration of the Institute of Public Administration and Civil Service of the Russian Presidential Academy of National Economy and Public Administration (Moscow, Russia) (IPACS, RANEPA), State Professor, 82/1, Prospect Vernadskogo, Moscow, 119571, Russia
Received: November 13, 2017 | Published: December 21, 2017
Citation: Ponkin IV (2017) Ponkin I.V. Direct Objects of Offence at Committing of the Acts Oriented to an Insult of Religious Feelings of Believers and to Humiliation of their Human Dignity. Forensic Res Criminol Int J 5(5): 00172. DOI: 10.15406/frcij.2017.05.00172
The article is devoted to research of the direct groups of objects and actually objects of illegal offence (objects of direct influence, manipulations) at committing of the actions oriented to an insult of religious feelings of believers and to humiliation of their human dignity in connection with their confession of religion (on the grounds of religious belief).
Keywords: Criminal law; Religious feelings of believers; Human dignity of believers; Insult of religious feelings of believers; Humiliation of human dignity of believers; Religious order
In the field of extremist activity counteraction there is a number of complex problematic issues of the content interpretation of the reference concepts of "insult of religious feelings of believers", "humiliation of human dignity of believers on the religion grounds", etc. The quality of legal qualification of the acts in such cases depends on accurate understanding, comprehensively exact legal interpretation, and explanation of the essence of these concepts, features, and limits of the opportunities of their application in jurisprudence. It is important, as well, for understanding of the limits of where the freedom of self-expression comes to an end (thoughts, words, creativity) and where the protected by law (including criminal law) area of religious feelings begins. And on the other hand, – for understanding of where the limits of intervention of the state to the sphere of self-expression freedom are located for the purposes of criminal legal protection and protection of religious feelings and the personal dignity of believers.
In terms of law, the object of criminal offence of "blasphemers" and "scoffers" is not God at all. Though this is the way how unreasonably the defenders of the persons, who publicly take "blasphemous" and " sacrilegious" actions, understand it, in a false manner appealing to the idea that this is a theological issue which is not subject to judicial proceedings, owing to this fact. Actually, the object of criminal offence in such situations is people (believers), their rights, freedoms and legitimate interests, their human dignity and religious feelings. The object of criminal offence in such situations is public interests connected with the need of protection and protection of personal dignity of believers, including public interests in the field of public safety and, in general, the social order1. The specifics of this sphere of relations, however, is in the fact that the specified objects are exposed to illegal offence, act as the objects of such offence indirectly, implicitly. And this, among other, significantly complicates the task for forensic experts when carrying out examinations in such cases. It is reasonable to address to the question, what exactly (in terms of law), directly is (is admitted, is to be admitted) the object of illegal offence in extremist crimes of the considered group. Today, in Russia, judicial and other law-enforcement practices in relation to the cases of human dignity humiliation and insult of believers’ religious feelings have been accumulated intensively.
We will highlight the most high-profile of such cases:
A full list of such shares would occupy the entire volume of this article. In several of the cases, the author was engaged as a forensic expert. Accordingly, this article is based on a large-scale scientific author's analysis of such cases. The analysis of the standards of the Russian and foreign criminal (anti-extremist) legislation8, and also legal precedents based on such norms gives the necessary and sufficient grounds for allocation of the following direct groups of objects and actually objects of illegal offence (objects of direct influence, manipulations) at committing of the actions oriented to an insult of religious feelings of believers and to humiliation of their human dignity in connection with their confession of religion (on the grounds of religious belief):
1See: Ponkin I.V. Teorija gosudarstvennogo upravlenija: soderzhanie ponjatija «porjadok» [Theory of public administration: the content of the concept of «Order»] // Administrative Law and Process. – 2016. – № 11. – P. 8–10.
2See: Ponkine I.V. Haine du journaliste du journal «Moskovsky kommsomoletse» Serguey Bychkov contre Eglise Orthodoxe Russe Recueil des documents. – Moscou: Buki Vedi, 2008.
3See: Abramènkova V.V., Ponkine I.V., Troytsky V.J. Haine religieuse: l’action “pank – Te Deum” du groupe “Pussy Riot” 21 Février 2012 dans les locaux de la Cathédrale du Christ-Sauveur de l’Église Chrétienne Orthodoxe Russe // Stato, Chiese e pluralismo confessionale. – 4 febbraio 2013. – № 4. http://www.statoechiese.it/images/uploads/articoli_pdf/ponkinem_haine.pdf.
4Zashhita chelovecheskogo dostoinstva verujushhih: Jekspertizy i materialy po delam ob oskorblenii religioznyh chuvstv i unizhenii chelovecheskogo dostoinstva verujushhih hristian [Protecting the human dignity of believers: Expertises and materials on cases of insulting religious feelings and degrading the dignity of Christian believers] / Ed. by I.V. Ponkin. – Moscow: Buki Vedi, 2017. – 300 p. – P. 168–205. http://moral-law.ru/files/Zash_chel_dost_ver_expertise_mat_2017.pdf.
5Zashhita chelovecheskogo dostoinstva verujushhih: Jekspertizy i materialy po delam ob oskorblenii religioznyh chuvstv i unizhenii chelovecheskogo dostoinstva verujushhih hristian [Protecting the human dignity of believers: Expertises and materials on cases of insulting religious feelings and degrading the dignity of Christian believers] / Ed. by I.V. Ponkin. – Moscow: Buki Vedi, 2017. – 300 p. – P. 113–125. http://moral-law.ru/files/Zash_chel_dost_ver_expertise_mat_2017.pdf.
6Zashhita chelovecheskogo dostoinstva verujushhih: Jekspertizy i materialy po delam ob oskorblenii religioznyh chuvstv i unizhenii chelovecheskogo dostoinstva verujushhih hristian [Protecting the human dignity of believers: Expertises and materials on cases of insulting religious feelings and degrading the dignity of Christian believers] / Ed. by I.V. Ponkin. – Moscow: Buki Vedi, 2017. – 300 p. – P. 10–70. http://moral-law.ru/files/Zash_chel_dost_ver_expertise_mat_2017.pdf.
7Zashhita chelovecheskogo dostoinstva verujushhih: Jekspertizy i materialy po delam ob oskorblenii religioznyh chuvstv i unizhenii chelovecheskogo dostoinstva verujushhih hristian [Protecting the human dignity of believers: Expertises and materials on cases of insulting religious feelings and degrading the dignity of Christian believers] / Ed. by I.V. Ponkin. – Moscow: Buki Vedi, 2017. – 300 p. – P. 100–112. http://moral-law.ru/files/Zash_chel_dost_ver_expertise_mat_2017.pdf.
8See: Ponkin I.V. In merito alla tutela dei sentimenti religiosi e della dignità individuale dei credenti // Diritto Penale Contemporaneo. – 26 Febbraio 2016.
9See: Ponkine I.V. La qualification de discrimination et d’incitation à la haine religieuses dans les œuvres de fiction télévisuelle: l’exemple de la diffusion de la série Papetown en Russie // Annuaire Droit et Religions / Université d'Aix-Marseille; Faculté de Droit et de Science Politique. – Années 2012–2013. – Vol. 6. – T. 1. – P. 253, 257–272.
10Lists and classifications of immovable property of religious purpose are investigated in the works of R.V. Tupikin and V.V. Bagan. See: Tupikin R.V. Tupikin R.V. Grazhdansko-pravovoe i dogovornoe regulirovanie imushhestvennyh otnoshenij religioznyh organizacij v zarubezhnyh gosudarstvah [Civil-law and contractual regulation of property relations of religious organizations in foreign states]. – Moscow: Buki Vedi, 2016. – 179 p. – Moscow: Buki Vedi, 2016. – 179 p.; Tupikin R.V. The Question of the Legal Nature and Status of Real Estate Objects for Religious Purposes // Stato, Chiese e pluralismo confessionale. – 19 dicembre 2016. – № 41; Bagan V.V. Imushhestvo religioznogo naznachenija: grazhdansko-pravovoj vzgljad [Property for religious purposes: civil-law view]. – Moscow: Buki Vedi, 2017. – 208 p.; Bagan V.V. On legal and factual grounds of relevance of confessional cemeteries and religious sites of common cemeteries to real estate property objects for religious purposes // Stato, Chiese e pluralismo confessionale. – 6 febbraio 2017. – № 4.
11See: Ponkin I.V. Avtonomnyj vnepravovoj normativnyj porjadok v sfere religii i zashhita gosudarstvom religioznyh chuvstv i dostoinstva lichnosti verujushhih [Autonomous non-legal normative order in the sphere of religion and state protection of religious feelings and dignity of believers] // Religion and Law. – 2014. – № 3. – P. 8–11.
The public relations regarding public expression of opinions and dissemination of information on the persons, specially religiously honored by the Russian Orthodox Church believers, are characterized by existence of the legal regulation including legislative measures of legal protection of believers’ religious feelings against the insult (for Russia – part 5 of article 13 and part 2 of article 29 of the Constitution of the Russian Federation, part 6 of article 3 of the Federal Law "On Freedom of Conscience and Religious Associations", articles 148 and 282 of the Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (edition of 29.07.2017)). While understanding of religious honoring and of the form of its expression can be various in different religions, the religious honoring which is carried out by believers in relation to the objects, religiously, especially valuable to them, is a form of realization of the constitutionally guaranteed freedom of consciousness and is subject to legal protection established by the constitutions and criminal codes of democratic constitutional states of the world. And provided by the criminal law (for example, articles 148 and 282 of the Criminal Code of the Russian Federation), penal prohibition of the offence of religious feelings of believers given in the form of public actions expressing obvious and rough disrespect to the society, and the liability for such acts, are a guarantee of the state protection of the rights and the dignity of believers. However understanding of the issues specified in the article and applying of this understanding in the law-enforcement practice will provide more effective protecting of religious feelings of believers, but thus it will provide avoiding overstepping the legal and actual bounds, avoiding infringing other constitutionally guaranteed fundamental rights and freedoms of the person, first of all – the freedom of expression, artistic expression, and speech.
©2017 Ponkin. This is an open access article distributed under the terms of the, which permits unrestricted use, distribution, and build upon your work non-commercially.