If you are disseminated information that does not correspond to reality and discredits your honor and dignity, along with a good name, you are clearly a victim of a crime called slander, stipulated by the norms of the Criminal Code of the Russian Federation and relating to criminal offenses.
In order to prosecute the slanderer and protect his own good name, one should not only give the correct definition of criminal actions, but also collect evidence base by attesting to the guilt of the latter.
If you are slandered
Today we will talk about what defamation is, how to prove the fact of its existence, where to go to protect our own rights, and also give a sample statement to the police on the fact of defamation.
The decision of the Plenum of the RF Armed Forces explains a number of certain concepts related to this topic. It is possible to bring a criminal to justice when defamatory information is published by him in the media or on the Internet, broadcast on television or radio, shown in a television program or other source, contained in a public report or profile addressed to an official or circle of people, or represented an oral message, addressed to at least one person.
The aggravating circumstances that are indicative of a crime, the Criminal Code includes the use for these purposes of public means and works of literature, reports and speeches, official position or other status. Serious punishment awaits for the dissemination of misinformation about a contagious disease that is dangerous for others, information of an unconfirmed nature about the commission of a criminal offense (grave or especially grave) or acts of a sexual nature.
What to do to the victim of slander?
If you find yourself in such an unenviable position, you must necessarily protect your own rights. The victim in the event of the commission of such a crime is in a state of severe stress, which can be qualified as moral damage. That is why in case of refusal to initiate criminal proceedings by law enforcement agencies, the victim always has the right to file a civil lawsuit.
To prove the fact of slander, one should attest to the inconsistency of the disseminated information with reality, that is, transfer it to the category of knowingly false, not supported by any proof of fact. In addition, the motive of the crime is important.
In the case of defamation, a specific goal is pursued - the humiliation of a person in the eyes of society by exposing his reputation in a negative light. In a similar way, the victim is insulted, and her task is to show that the action was committed precisely with a similar purpose.
The burden of proof lies with the injured party. That is why, in the absence of evidence of false fabrications, it is better not to declare the protection of one’s own rights, because if a verdict is passed, the defendant can file a counterclaim demanding compensation for moral damage.
One of the most important tasks in proving defamation is the search for witnesses. They will be required in court to testify under oath in favor of the victim. If they were not found, the proceedings should be postponed for a while and a second slanderous attack was expected, this time being prepared for it.
If a crime is committed at work, witnesses may be colleagues, at home relatives, friends or neighbors. If, as such, you can attract unfamiliar passers-by, you should try to find them and fix the coordinates.
You can do without witnesses, which will be discussed below.
What to do if no witnesses were found
If the cases of insults and slander are repeated, you can use technical means in the form of a voice recorder, audio player or mobile phone, to which audio and video information is recorded during the "showdown". If defamatory fabrications exist in writing, a linguistic examination may help.
Any possible evidence may be subject to research:
- in the form of letters or leaflets - with the study of handwriting;
- audio and video files taking into account the choice of vocabulary, including obscene expressions. Such an examination can accurately identify the culprit and will allow him to be brought to trial even in the absence of witnesses.
You will also be helped by clippings from publications in print or links to a source on the Web if defamatory information was distributed on the Internet.
How to protect your own rights
Before you write a statement about defamation to the police or other relevant authorities, try to assess the situation as adequately as possible. Does this case correspond to such a state of affairs in which criminal prosecution is possible? And also - do you have any reliable enough evidence?
Sometimes you can not do without consulting a competent lawyer specializing in criminal law. If you have any doubts, go to the next moment - submitting an application.
Where is the application filed?
Victims have the right to appeal to the nearest police station on the fact of a crime. After checking the information contained therein, they will decide whether to institute criminal proceedings or refuse to do so. In addition, an alternative procedure is also provided for - to apply directly to the justice of the peace. The lawsuit will need to be drawn up in accordance with the procedural rules, so the sample of a statement to the police about libel mentioned above is not enough. It is difficult to manage without legal advice.
Similarly, a complaint about the dissemination of slanderous information can be attributed to the prosecutor's office. The competence of this body is to prosecute slanderers outside of court proceedings. In some cases, the prosecutor may represent the interests of the victim at a court hearing, acting as the public prosecutor.
Next, we will talk about how to correctly compose a similar document.
How to write a defamation report to the police: sample
Any written requests begin with an indication of the authority where this requirement is sent (or any document).
The sample libel statement to the police contains the name of a specific unit and information about its leader in its introductory part. If you choose a world court, you should also indicate its section, then information about yourself is provided.
In all law enforcement agencies, such statements are handled by employees whose duty it is to help in the matter of its direct preparation. They know the rules by which such statements are made, so do not be afraid that you will break some formalities or your statement will be legally illiterate. In each department, as a rule, there is a sample of a statement to the police about defamation. The duty staff will tell you on what points should be emphasized in its design.
What to write essentially
As a rule, in the descriptive component of a statement to the police about defamation and insult, you will be advised to briefly and essentially cover the fact of the distribution of fictitious information about your person with a retelling of their contents. Be sure to specifically indicate the way in which false information was communicated to third parties.
It is imperative to emphasize the fact that such fabrications do not correspond to reality and discredit your personality (discredit honor and dignity), emphasize the presence of strong moral experiences. If you suspect or can accurately indicate the source of false information, you should detail the identity of this person with all the necessary data (name, contact information). If a group of persons acts as such, information will be given about each of them.
About the application to the court
If you go to court, then the statement of claim is made in a certain established form. In addition to the need to indicate the data of the world court and information about the applicant and the defendant, you will have to describe in detail the circumstances of the criminal offense, indicating the time, place, content, as well as bring the evidence base in the case, consisting of a list of witnesses, documents, available technical means.
If it is necessary to compensate non-pecuniary damage, it is also advisable to justify this with documentary evidence and testimony. Turning to the court, it is necessary, among other things, to pay the state fee and attach the appropriate receipt to the application.
It is perhaps easiest for an ordinary citizen to apply to the police for libel. And below we will consider in detail the procedure in this case.
We go to the police station
Upon arrival there you will have a conversation with the district. His duty is to write down the essence of the incident in all details and take evidence from both sides - you (together with the witnesses) and the offender.
How to make a statement about defamation to the police? Sample (2016-2017). it’s easy to find such a document. His hat is drawn on the right side. It must contain instructions: to whom the application is sent and from whom exactly. Your contact details must be listed in full.
In the middle of the line with a capital letter is written the name of the document - "Statement". After this word, according to the rules of office work, the point is not put. All circumstances of the incident should be described below. In this case, there is no single sample of a statement to the police about defamation, since each situation is considered purely individually. Nevertheless, numerous examples of such texts exist in the press and on the Internet, and it will not be difficult for the reader to choose for themselves the one that most closely matches his own real situation.
We, in turn, give below as an example one of such samples.
What else to consider
Having described the circumstances of the case, mention should be made of the moral and material damage caused and insist on compensation for harm from it. The amount in which you evaluate your moral costs should be indicated quite well.
The following point should be emphasized: the applicant must have a concept of what a false denunciation is and what responsibility is provided for him. Before writing a statement to the police about slander, he is warned by her employee about the inadmissibility of such and signs that he received this information.
In this regard, it should be indicated at the bottom of the document that you are warned about the punishment that exists for false denunciation. The statement ends with the date and signature of the victim. Particular attention should be paid to the careful and accurate preparation of the document. A statement with blots or identified inaccuracies will not be accepted by the police.
Is there a sample counter-defamation complaint to the police? Such a wording is legally unlawful, and therefore you will not find any form of such a document, since it simply does not exist. It can only be a deliberately false denunciation (when you are unfairly and intentionally accused of disseminating information of a slanderous nature). In such a case, as mentioned above, it is required to apply to the court with a counterclaim.
What then?
If your application is prepared in accordance with all the rules, it must be accepted and considered within the time period established by law. They do not have the right to refuse to file a complaint about the slander in the police, drawn up in compliance with all the rules of office work. Having accepted it, the employee of the department is obliged to issue a special document called a coupon notice. It serves as a confirmation that your police statement has been accepted.
Police officers must verify the information contained in it within a ten-day period (in exceptional circumstances, this period may be extended), then an appropriate decision is made. If the case is subject to initiation, the materials are submitted to the court.