Criminal libel: description, punishment, fines

Recently, the spread of various rumors is not something special, but few people know that there is criminal liability for defamation, and depending on what damage will be done, the court makes a decision to punish the gossip with a fine or to bring to other responsibility. Often during a conflict, some unscrupulous people find it right to start gossiping about their opponent. If the conflict between the warring two parties cannot be resolved, then the only option would be to go to court and decide everything legally.

What is the concept of "slander"?

In the article, libel will be considered only in accordance with the current legislation of the Russian Federation. As a rule, slander is the dissemination of false information that contributes to undermining the reputation of another person and lowers his honor and dignity in the person of others. It is important to clearly understand that only a person who knows perfectly well that is spreading false facts can be held accountable. To prove the untruthfulness of the information, it is necessary that the culprit transmit the facts to a third party. If the defendant expresses insults directly to the person to whom they are addressed, then this is not considered defamation.

The culprit can spread false information in the following way:

1. An untrue public appearance is considered slander, and there are a sufficient number of witnesses.
2. Placing false information in the media.
3. Speech recorded in the media.
4. Other ways and methods.

Criminal liability for defamation is assigned by the court, only a lawyer can accurately determine the type of false information and the degree of punishment that should follow.

Types of Defamation and Responsibility

To prove the fact that there was a spread of slander against a person is sometimes quite difficult, so it is advisable to entrust experienced lawyers to deal with such issues. If it turned out that a person was in a situation where he was slandered, then, as a rule, punishment for his opponent can be required in the form of a fine or the performance of compulsory work. Previously, criminal liability for libel in the Russian Federation was expressed by imprisonment for a term of three years. To date, this is no longer the case, but at the same time, the measures have become even more stringent. There are several types of slander, on the basis of this and the punishment is:

1. The simple slander lies in the fact that false facts are spreading, and at the same time the person who carries out the slander knows perfectly well about their unreliability. If there is irrefutable evidence, the court will take the side of the victim and may impose a fine in the amount of 500,000 rubles or replace the punishment with compulsory work at 160 hours.
2. The public dissemination of false information, for example, through the media or using other methods, differs primarily in quantitative characteristics, since there can be many witnesses in this case, and in the simple case even one is enough. In this case, the court may award a fine of one million rubles or 240 hours of compulsory labor.
3. The accusation of sexual harassment or rape may also be libelous. This type of false information has recently been in great demand, especially among adolescents under 16 years of age. In this case, criminal liability for defamation and insult will be imposed in full strictness, since the person is accused of being a danger to others and can spread serious diseases. In this case, the court awards a fine of 3 million rubles or 400 hours of forced labor.
4. Punishment may also follow a slander in committing a serious crime. This type of false information is considered especially difficult, so the court may require a fine of five million rubles or 480 hours of work.

In order to confirm any type of slander, it is necessary to submit witness statements, video or audio materials, materials that are taken from the media. It is important to contact the police in time to determine the corpus delicti. If a person immediately goes to court, then there, most likely, they will refuse him, since there is no office work itself.

How to collect evidence of defamation for submission to court?

It is important not only to know how to prosecute libel, but it is also worth collecting all the evidence of a person’s guilt. First of all, it is worthwhile to clearly define what constitutes a crime. If the slanderer is engaged in the dissemination of false information that may defame the name, evidence should be collected by taking it from a third party. It is also worth noting that if the suspect himself is confident in his innocence and is ready to present relevant evidence, then this will not be considered defamation.

If the relevant authorities have already begun to investigate the case, then the opponent has one chance to settle everything before the sentencing - to agree with the other side on a ceasefire. Criminal liability for defamation is not provided if the opponent can prove in court that he did not know that he was spreading false information. It should also be noted that the term of the claim is only two years, after which the prosecution and punishment can no longer be brought. Collecting evidence is not considered easy, as all facts must be confirmed:

1. You can present audio and video recordings.
2. Screenshots that were saved from the screen during chatting on a social network.
3. Correspondence via SMS.
4. False information contained on paper.
5. Testimony of witnesses.

The presentation of witnesses in court, who can confirm all that has been said, is considered the most important moment.

Legislation of the Russian Federation on libel and insult

The criminal liability for defamation and insult has not been considered anything unusual lately. This can affect any person, and in this case it is important to know how to protect yourself. For any incorrect appeal to yourself, you can bring a person to justice, and the guilty will be duly punished for this. The Criminal Code of the Russian Federation used to have a separate article that provided for punishment for insult. Today, insulting a person no longer refers to a criminal article, but to an administrative one. But it cannot be said that there is no criminal liability for this, it applies, but only in special cases. For example, if an insult was made by a government official or a soldier who does his job. It also criminalizes insulting the feelings of believers. There are special provisions on punishment for defamation:

1. Recently, this type of crime is considered a serious crime, therefore, it is regulated by Art. 128.1 of the Criminal Code.
2. If there is an insult to the person, an administrative penalty is provided, although the guilty person will not be convicted, other court requirements will have to be fulfilled.

The law clearly distinguishes between two concepts: slander and insult, and therefore the articles in this case will be completely different.

Features of prosecution for libel

Criminal prosecution for defamation of a guilty person can occur only after the injured party submits an application, so that in the future, paperwork will be opened. First of all, such an application can be submitted by the person who was injured, and it can also be a prosecutor. There are such cases when slander leads to the death of the injured party, then close relatives can file an application. A statement of this kind is filed according to the evidence base, and will be investigated by a justice of the peace. To make the right decision, the judge will not need an investigation, most likely, the issue will be resolved in favor of the plaintiff.

Criminal liability for libel can only be applied to a person who is an adult on the day of the commission of this type of crime. It is worth noting that if defamation was made against a deceased person, then a crime can be considered if the living, for example, relatives of the deceased, suffer from it. The law also establishes the limitation period for a crime. In this case, they can be different, it all depends on what the crime was.

Where to go

After they fully understand what punishment should be, if defamation has been proven, criminal or administrative liability will be brought against the person. Special attention must also be paid to where to turn to punish the guilty. First of all, it will be necessary to contact the police, they will open a production case, and then they will hand it over to the court. It also happens that the victim was not only slandered, but also insulted, then a case of an offense is made. The action algorithm should be as follows:

1. To collect the initial material, you will need to contact the police in the case of an insult.
2. All material goes to the prosecutor, who can make a decision to institute administrative responsibility.
3. The following is a survey of witnesses, the applicant and the person who is charged, after which the case is sent to the judge.

Criminal liability for insulting a person also provides for the filing of a claim for the recovery of material damage. It will be possible to submit an application immediately to the prosecutor’s office only after the police have refused to initiate proceedings.

How to apply?

If slander has no aggravating consequences, then you just need to file a statement with the justice of the peace. Otherwise, it should be submitted to the police and the prosecutor’s office for consideration, be sure to indicate in the application the authority to which it is submitted. The applicant must indicate all his data. The text of the statement itself should consist of the circumstances of the case, evidence that an act of libel and an insult to the honor and dignity of a person and a request for the application of punitive measures to the guilty person were carried out.

You need to know how to prosecute libel and protect your rights. This will require the involvement of as many witnesses as possible. If at the same time an administrative violation has occurred, which is associated with an insult, then you must submit your application to the prosecutor.

How to file a police report?

The injured party has the right to contact the police upon the commission of a crime. You can file such a statement at the nearest territorial police station. Once all the data has been verified, one of the solutions can be made:

1. Criminal proceedings may be instituted.
2. Sometimes a refusal to initiate proceedings follows.

The police must make a decision within ten days. Further, the investigator transfers the case to the magistrate's court, where criminal liability for libel is imposed. When filling out the application form, you should pay attention to the following points:

1. It is important to describe in detail the fact of slander.
2. Evidence is provided that all facts that have been disseminated are false.
3. If a specific person who disseminated false information is known, then all his data is indicated.
4. The application is signed personally by the applicant or authorized person.

Everything that is irrelevant is best left unspecified.

Lawsuit

Asking the question: “Is there a criminal liability for defamation?”, One must clearly understand that the opponent will definitely be punished only if witnesses are presented who are ready to confirm the act of conveying false information to a third party. A civil petition for monetary compensation can be filed with the court. When applying to the court, you will need to pay the state fee, which is 200 rubles. In court, the application is considered within a month, after which a decision is made. In the statement, it will be necessary to indicate:

1. The name of the court.
2. Applicant details.
3. Information about the defendant.
4. Describe the place and circumstances of the crime.
5. Additionally, evidence is attached.
6. Requirements for the defendant are written.
7. If you need to pay for non-pecuniary damage, then there must be a certificate from a medical institution.

An application may not be accepted if there is no receipt for payment of state duty.

Application to the prosecutor

Despite the fact that criminal liability for insult is not provided, only administrative punishment can be applied, the application can be submitted to the prosecutor. In this case, it will be possible to understand without judicial intervention. In a statement, the prosecutor must indicate the following information:

1. The name of the prosecutor's office.
2. The main part describes the act of committing a crime indicating the place and time.
3. Evidence must be presented that confirms that false information was disseminated and the applicant was personally insulted by such actions.
4. At the end, a request for prosecution is indicated.

As you can see, slander is considered a serious offense, therefore, first of all, you should act calmly, according to the proposed algorithm, in order to punish your offender. In most cases, claims of this kind are satisfied. No matter what authority the applicant applies to, if there really is substantial evidence, they have no right to refuse to initiate proceedings.