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Injure (public or private): what differences, what penalties?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
As May 17 is World Day Against Homophobia and Transphobia, what is called insult (public or private)? How is she punished by law? Explanations with Service-public.fr.
Service-public.fr first recalls that an insult is a word, a writing, an expression intended to hurt or offend the person concerned. There are two types of insults:
- public insult that can be heard or read by a public (in the street, in a courtyard, on a website, on social networks...);
- the non-public insult (addressed directly by the perpetrator to the victim without any third party by means of a text message, for example, or uttered by the perpetrator before a small circle of persons with or without the victim).
In some cases, insults uttered on social media can be considered as non-public.
In the case of an insult, it is possible to file a complaint within a limited period after the fact, the limitation period being 1 year for insults of racist, sexist, homophobic or harmful type to persons with disabilities.
Please note
For insults of a racist, sexist, homophobic or handicapped nature, the penalty is:
- 1 year imprisonment and €45,000 a fine if the insult is public;
- €1,500 fine if the insult is non-public.
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