Insult is a word, a writing or an expression of thought addressed to a person with the intention of hurting or offending him.

The insult does not contain an assertion of a specific and objectively verifiable fact, but only an outrageous allegation. For example, declaring in a public debate that a political opponent is a “plague.”

We must not confuse insult with violence defamation.

Indeed, the insult does not include the declaration of a specific fact, whereas the defamation is the affirmation of a specific fact which affects the honor or consideration of a person.

For example, calling a person a “repeat offender” is defamation, not insult, because it is possible to verify whether or not the person has been convicted repeatedly by the courts.

Nor should discriminatory insult be confused with incitement to discrimination, hatred or violence.

First of all, the insult may be directed at an individual or a group of individuals, whereas the provocation is necessarily directed at a group of individuals or a community.

Moreover, the intention of the perpetrator of the insult is to injure the person or group of persons he is targeting, whereas the perpetrator of the provocation wants to create a negative feeling among the public about a community.

Non-public insult

Non-public insult is an insult uttered in a restricted context.

It's an insult directed only at the person who's being targeted, or an insult that's directed at a limited group of people who are part of a community.

The members of the inner circle forming a community are not considered as third parties in relation to the perpetrator of the insult and the person targeted.

Public insult

A public insult is an insult made in a public place or at a public meeting by one of the following means:

• Speech, screams or threats
• Writings, prints, drawings, engravings, paintings, emblems, images
• Any other medium of writing, speech or image
• Wardrobes or posters
• Any means of electronic communication

Difference

The law punishes public insult more severely, because it is made known to everyone and therefore causes more serious harm to the person who is subjected to it.

If you are a victim of insult, you can file a complaint for the perpetrator of the offense be sanctioned. You can also ask for damages for the damage suffered.

The person prosecuted for insult can defend himself by invoking provocation.

If the court accepts the provocation, it may not convict the suspect even if the evidence of the facts is established.

Excuse for provocation

The person prosecuted for insult can invoke the excuse of provocation, indicating that his remarks follow from acts intentionally done to irritate him.

If the court accepts the provocation, it may not convict the suspect, even if the evidence of the facts is established.

The excuse of provocation is accepted only for insults to individuals.

It may not be invoked in the context of insults directed against public authorities.

Similarly, the excuse of provocation is not accepted for racial or discriminatory insults.

In the absence of provocation

In the absence of an apology for provocation, the person found guilty of insult may be sentenced to one or more penalties.

You can ask the court to convict the person prosecuted for the acts of insult to pay you damages.

You can make the claim for compensation before the criminal court that considers the question of guilt by making a formation of civil party.

The criminal judge will be able to award you damages if he finds the suspect guilty.

If you haven't made the claim before the criminal judge, you can still do so before the court of law, provided that the criminal judgment has recognized the guilt of the suspect.