The article "Slander" of the Criminal Code of the Russian Federation has recently undergone significant changes. It got to the point that the legislator did not consider it possible to amend the already existing norm. Therefore, it was decided to create a completely new rule of conduct. We will talk about these changes, as well as the significance of this norm in this article.
The article "Defamation" of the Criminal Code of the Russian Federation: which is valid at the moment?
Society inevitably develops, new relationships, objects, and also rights appear.
Some crimes lose their public danger, and therefore the relevant articles are excluded from legislative acts. Certain acts acquire the status of unlawful, so the Criminal Code is replenished with fresh bans. The signs of some crimes are changing, so the laws are amended. So, originally there was
an article 129 of the Criminal Code of the Russian Federation “Slander”. It consisted of only three parts. The first was general in relation to the rest, the second was supplemented by a sign of publicity of the slander, and the third specified the content of the insinuation, in which the victim was accused of committing a grave or especially grave crime. Such an article "Slander" of the Criminal Code of the Russian Federation continued to be valid until 2011. Subsequently, it was replaced by a different norm. Currently, the article “Defamation” of the Criminal Code of the Russian Federation is numbered 128.1. Let's talk more about the new edition of the norm.
The article "Defamation" of the Criminal Code of the Russian Federation: characteristics
What act is committed in the process of this crime?
The objective side of libel is always action. It is expressed in the deliberate dissemination of incorrect, invalid fabrications that discredit the
honor and dignity of a particular person or spoil his name, reputation. In this case, it is enough to denigrate a person only in front of one person. At the same time, it is important that the victim himself should not be this person. In this case, there is an insult, but not slander. Now back to the comparison of the old and new norms. In the current edition of the article, the following qualifying features have been added:
- the use of guilty official position;
- Specificity of the stipulation: a message that the person is a danger to other people due to a special illness or that he committed a crime that is sexual in nature.
By virtue of the amendments that have taken place, the norm on insinuation now contains 5 parts.
Defamation in Administrative Law
Previously, such an act was not recognized in Russia as a criminal offense.
The responsibility for
this offense was only administrative. Currently, “Slander” is an article of the Criminal Code of the Russian Federation. Legislator's comments on such a change boiled down to the fact that the punishment for such acts should be toughened up, that earlier his public danger was significantly diminished. Currently, this action applies to crimes against the honor and
dignity of a person. Slander can cause the victim long-term suffering, inflict
moral damage, and also forever ruin his reputation. There may be consequences in the form of various diseases. Therefore, now such an offense as slander does not exist in the administrative law of Russia.