Slander can destroy human life. But to prove that the information provided by a person is incorrect is quite difficult. This is due to the fact that a person who speaks a lie does not confirm it with anything, and for truth it is necessary to present irrefutable objective facts. In connection with this criminal law, Article 128.1 of the Criminal Code of the Russian Federation on defamation, according to which a person who unfairly slanders another person can be held criminally liable .
Signs of an act as a criminal offense
To understand what defamation is and to qualify an act as criminally punishable, you need to know its differences from insult and ordinary simple slander. The signs of libel are as follows:
- The offender reported the words defaming the person to at least one unauthorized person.
- Information disseminated by the slanderer is knowingly false.
- The message destroys the honor and dignity of a person and negatively affects his reputation.
Qualifying signs of defamation
The article for defamation and insulting a person also provides for qualifying signs that increase the degree of guilt and the type of sanction measure. These include the following symptoms:
- Defamatory information is disseminated through mass media.
- Information was announced at the time of public speaking.
- The person reported defamatory information, taking advantage of his position.
- The dissemination of knowingly false information concerns a person committing a serious offense (including sexual).
- The data contains information on the presence of an innocent person's disease, which is dangerous for those around him.
Responsibility for defamation in the presence of these signs increases and can reach five million in rubles.
For defamation under the Criminal Code, citizens who have reached the age of sixteen are brought to justice. If defamation is revealed at an earlier age (for example, due to the spread of incorrect information on the Internet), civil liability will be imposed.
Under the article, parents or other legal representatives of children bear responsibility for defamation and insult of a person by minors. In addition to redress, parents are also responsible for the improper fulfillment of duties in the field of education of minors. This is regulated by Article 5.35 of the Code as an administrative offense.
Victim action
Many people care about the question: "How to prove slander and achieve accountability of a deceiver?" The algorithm of actions of the victim is as follows:
- Discard emotions and objectively evaluate whether negative statements addressed to him were an expression of rudeness of everyday type and lack of social education, or whether there was slander.
- Decide whether to exercise the right of a citizen to defend honor and dignity.
- Take all possible steps to maintain evidence that the perpetrator slandered the victim.
- Make a complete list of information and objective evidence that the information provided is a lie.
- Contact the police department with a statement about defamation, a sample of which can be taken from a law enforcement officer.
Due to the fact that the composition of the offense contains a considerable number of concepts of an assessment type that can be interpreted by the investigator and judge in different ways, it is best to add another action to the list - an appeal to a lawyer who specializes in offenses of this type.
Methods of fixing the fact of libel
Dissemination of false information about a person can be of a repeated nature or be single. Most often, offenders who disseminate information discrediting a citizen, delete their entries on the Internet, destroy created posters and otherwise destroy evidence that they provided false information to unauthorized persons.
How to prove slander in this case? Of course, we must try to keep evidence of illegal actions. You can use the following methods:
- Take a screenshot of the page on the Internet on which the defamatory information was posted. If possible, the authenticity of the screenshot should be certified in a notary's office. Evidence with a notarial certificate is accepted by the investigating authorities and the court without any problems.
- Take on a video camera (take a photo) the act of disseminating false information (inscriptions, posters, public speaking and so on). When shooting, you need to make sure that the area in which the information is recorded is easily determined (or the location function must be turned on). It is also necessary to fix the shooting time. On modern cameras, this function is automatic. If you are recording a public speech, you can use the recorder.
- Save paper copies of media of inappropriate information (leaflets, newspapers, posters and so on).
- How to prove slander yet? Another way is to find out from eyewitnesses whether they are ready to act as witnesses to the fact of oral lies in law enforcement agencies and the court.
The above actions will help to reduce the percentage that the guilty person will avoid criminal punishment.
Methods of refuting lies and affirming moral suffering
Having figured out what to consider slander and how to confirm it, one should consider ways to prove the falsity of the information provided. The following data may be counterarguments:
- if defamation refers to a person committing a serious offense, you must provide a certificate confirming the absence of a criminal record;
- if a false message contains information about the presence of an innocent person’s disease that is dangerous for those around him, it is enough to take a certificate from a particular medical institution confirming that the person is not registered with this institution;
- if a citizen is accused of embezzlement of money or property from the place of work, the financial report will be the proof;
- if the report contains an accusation of an immoral lifestyle, disproving evidence will be from a place of study, work or residence.
In addition to providing these documents, you can answer how to prove defamation with the help of any other information and documents that directly or indirectly confirm the falsity of the information provided by the offender.
During the investigation of a case of a criminal nature, the applicant has the right to file not only a criminal application, but also a civil-type claim to recover compensation for the moral damage suffered by the victim for the crime committed. If the amount of the fine for defamation under the Criminal Code is approximately determined, then the amount of moral compensation the victim sets himself.
Non-pecuniary damage must be proved in court. The existence of harm and the amount claimed are best confirmed by convincing written evidence.
Judicial practice on defamation shows that documents submitted by victims may be as follows:
- A certificate issued by a therapist on the fact of an appeal about the presence of a psychosomatic-type health disorder.
- A certificate issued by a psychologist (psychiatrist) on the fact of seeking treatment in connection with a traumatic accident.
- Appointment sheet from the appropriate doctor.
In addition to documentary evidence, witness testimonies about a change in the victim’s behavior after clarifying the information damaging him can be used.
Calculation of material losses
After examining which article for defamation exists and how to prove the fact of an offense, one should determine the algorithm and methods for calculating material losses suffered by victims, in order to subsequently file a civil lawsuit.
The size of the lawsuit filed both on the moral and material side must be documented and justified.
The financial documents that can confirm the amount of material damage include the following:
- bills and cash receipts from clinics or private psychological clinics, from psychotherapists and other specialists;
- checks and prescriptions from pharmacies for drugs that were prescribed to the victim to alleviate the psychological consequences of a psychologically traumatic situation or to get rid of psychosomatic disorders;
- bills for spa treatment;
- other documents that confirm the financial costs that are associated with the renewal of the damaged reputation, including the costs of moving (if necessary), the publication of official denials in the media, and so on;
- costs of the judicial type (representative service or legal advice).
Filing lawsuit
Everyone knows what article is for defamation, but not everyone knows that it is possible to hold a citizen liable for reporting false information not only through police officers, but also through a justice of the peace.
You can fill out the application with the secretary on the sample given there. Features of the consideration of such applications by the justice of the peace are that the person involved should be a well-known citizen (name, surname, patronymic, address of registration and residence). This is due to the fact that the authority of a justice of the peace does not include the identification and search of persons suspected of libel. The judge only parses the case on the basis of the information and documents provided to him.
The applicant is obliged to prove with the help of documents and other facts that the information provided by the slanderer is false, and they caused moral harm to the victim. The parties may agree on a peaceful settlement of the case until the judge retires to the deliberation room.
Persons held accountable
Having understood what defamation is, it is easy to understand who can be held criminally liable for reporting false information. The actions of the guilty person must answer one of three signs:
- A citizen actually passes other unsightly false information to other people, but without evil intentions (thoughtless and irresponsible transmission of gossip).
- A person disseminates false information intentionally in order to damage the reputation of another citizen, inflict damage on his honor and dignity, and inflict moral suffering.
- A citizen accuses another person of slanderous activities in order to damage his reputation and expose him in a form unsightly for society. In such situations, proceedings are being conducted as to which of the entities is the perpetrator. There is also a possible filing of a counter civil lawsuit or a criminal case for false denunciation.
The actions of a person suspected of defamation
Since the responsibility for libel is calculated on a large scale, the guilty person should do everything possible to prevent the imposition of a penalty on him. There are three options:
- If the information disseminated by the guilty person was accidentally reported, and the person had no intentions to slander, he needs to appeal to him with a proposal of reconciliation, apologizing and publishing refutations officially before the victim submits an application to the police or the court. Early appeal to the victim will help get rid of prosecution by law enforcement agencies.
- If the information disseminated by the guilty person is intentionally communicated, the guilty person may repent and apologize to the victim during the course of the investigative actions and during the trial. You can also try to convince the victim to conclude a settlement agreement and withdraw the application submitted to the police. In this case, a fine may be imposed, but in a much smaller amount.
- If the person himself was accused of disseminating false information, and he is innocent, or the information that he reported is reliable. In this case, the person must prove his innocence and, possibly, file a counterclaim.
Linguistic expertise
Due to the fact that the categories of “dignity” and “honor” are perceived by all people differently, and one considers different words and information normal and the other offensive, proving the fact of slander is accompanied by a linguistic examination. Such an examination may be declared by any of the parties or by the investigating officer, having made the relevant decision.
During the analysis, the expert performs the following actions:
- studies the presented text, reveals its expressiveness and orientation;
- clarifies the meaning of phrases and words in various senses and interpretation in this context;
- parses techniques of the stylistic type;
- determines the nature of the information (opinion, statement or reflection);
- determines the attitude of the transmitted statement to a specific person.
Based on this information, the expert gives his opinion, which is the basis for the decision. A law enforcement investigator makes a decision either to prosecute a criminal or not to prosecute.