Sample statement of libel to the police department in the Republic of Belarus

To protect honor, dignity and reputation, if they have been defamed by someone, a statement of slander is filed with the police, the sample of which is not defined by law. Slander can be expressed in the dissemination of information of a different nature and in different ways, which can affect the qualification of a person’s actions under various parts of the profile article. The key characteristic of information to be considered libel is its defamatory nature. Even if they did not lead to significant damage to the citizen, he has the right to file a complaint with the police for libel and insult.

Where to file a claim for libel

In case of defamation, you can file a complaint with the police. The victim has the right to contact any department where it is convenient for him. After the employee has accepted the application, one of two possible decisions is made:

refusal to initiate a case;
excitation.

Please note that you can file a complaint not only by personal presence at the police department, but also by leaving it on the department’s website. If you decide to submit an application in person, you must be given a coupon indicating the registration number of the document, as well as the date of its acceptance. This paper may be required in cases where you need to prove the fact of the application.

You can write a complaint to the judicial authorities. In this case, the appeal must take place in the magistrate's court. The paper must be drawn up in accordance with established norms and rules reflected in the legislation. In order to avoid mistakes in the application, you can use the developed template or seek help from a professional lawyer. Most often, libel cases are considered in court, where victims demand compensation for moral damage. The procedure for consideration is similar to that for insulting a person.

In addition to filing a claim with the court or the police, it is possible to contact the prosecutor's office. In this case, the individual will be held accountable without trial. In some cases, when compensation for harm caused is required, a prosecutor represents the interests of the victim in court.

What should a victim of slander do?

If you find yourself in such an unenviable position, you must definitely protect your own rights. If such a crime is committed, the victim is in a state of severe stress, which can be classified as moral damage. That is why, if law enforcement agencies refuse to initiate a criminal case, the victim always has the right to file a civil lawsuit.

write a statement to the police about libel sample

To prove the fact of slander, one must attest to the discrepancy between the disseminated information and reality, that is, transfer it to the category of knowingly false, not supported by any evidence of fact. In addition, the motive for the crime is important.

In the case of slander, a specific goal is pursued - to humiliate 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 performed precisely for such a 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, since in the event of an acquittal, the defendant may file a counterclaim demanding compensation for moral damage.

One of the most important tasks in proving libel is finding witnesses. They will be required to testify under oath in court in favor of the victim. If none are found, you should postpone the proceedings for a while and expect a second slanderous attack, this time being prepared for it.

If a crime is committed at work, witnesses can be colleagues, at home - relatives, friends or neighbors. If you can attract unfamiliar passers-by as such, you should try to find them and record their coordinates.

You can do without witnesses, which will be discussed below.

How to compose correctly

It is necessary to draw up a statement regarding the fact of slander correctly so that the receiving body does not return the document to the applicant, leaving it without consideration.
There is no specially developed template in legislative acts in accordance with which a complaint must be filed. On the territory of our country, not only Russians, but also citizens of other countries, including Ukraine, Belarus, Kazakhstan and others, can complain about violations of their rights. Regardless of where the application is submitted, it must begin by indicating the full name of the body to which the applicant is sending the document . In the case when it is the police, you must indicate the unit you will be contacting and the details of its chief. The same rules must be followed when going to court or the prosecutor's office.

It is not necessary to write a statement to the police at home, that is, you can make it right at the police station. In this case, the employee who accepts the application will tell you how to write it correctly or provide a sample document. Compilation is based on the following data:

Writing down the specific circumstances under which the dissemination of data that does not correspond to reality occurred. You need to indicate the method that was used by the perpetrator to humiliate your dignity.
It is considered necessary to note that the data that has been distributed is not valid. The applicant must indicate that the data is defamatory and discredits him as a person.
If you are complaining about a specific person, then the document must indicate his details, including last name, initials and address. When a complaint is written against a group of people, information about each participant is indicated.
At the end of the form there must be the date of compilation and the signature of the applicant.
A note is made that it is possible to hold the author of the complaint accountable for false denunciation. The person must sign to acknowledge these provisions.

Important! When submitting an application to a judicial authority, it is necessary to comply with the document form established by law.

In this case, it is necessary:

the name of the judicial body that will review the material is indicated;
the details of the applicant and the respondent are entered;
the circumstances of the incident are described in detail;
the evidence base on which the accusation will be based is indicated;
if compensation for moral damage is necessary, appropriate evidence must be involved.

The complaint must be accompanied by a document confirming payment of the state fee.

Claims for the protection of honor and dignity in civil legal relations

Protection of honor and dignity

A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the distributor proves that the information is true <*>.

The exercise by a citizen or legal entity of the right to appeal to the editorial office of a media outlet with a demand to refute published information or publish a response does not prevent the exercise of the right to go to court with a demand for the protection of honor, dignity and business reputation.

The business reputation of a citizen who is not an individual entrepreneur is understood as a public assessment of his business and professional qualities in the performance of labor, official and public duties <*>.

The business reputation of a legal entity and individual entrepreneur is understood as an assessment of their business (economic) activities as participants in business (economic) legal relations. An almost identical definition is contained in clause 1 of the resolution of the Plenum of the Supreme Economic Council No. 16.

The dissemination of information discrediting the honor, dignity and business reputation of a citizen or the business reputation of a legal entity should be understood as publishing such information in the press, reporting on radio, television, using other media or technical means (light boards, the Internet, etc.) , presentation in official characteristics, public speeches, in leaflets, appeals to officials, demonstration (hanging) of posters, slogans in public places, as well as communication in other, including oral, form to at least one person. The communication of information only to the person to whom it concerns cannot be considered its dissemination <*>.

Defamatory information is untrue information that detracts from the honor, dignity or business reputation of a citizen or the business reputation of a legal entity in public opinion or the opinion of individual citizens and legal entities from the point of view of compliance with laws, moral norms, and customs. This is, for example, information about dishonesty, failure to fulfill professional duties, unworthy behavior in the workplace, family; information discrediting production, economic and social activities, etc.

Information discrediting a citizen or legal entity is recognized as untrue, unless otherwise established with certainty (presumption of integrity).

At the same time, demands to refute information containing factual criticism of shortcomings in work, behavior in a public place, in a team, or in everyday life cannot be recognized as justified.

Claims to refute information discrediting honor, dignity or business reputation may be filed by the person about whom information has been disseminated, as well as his relatives, if such information directly or indirectly discredits their honor, dignity or business reputation. Protection of the honor, dignity and business reputation of a citizen is allowed even after his death at the request of interested parties (family members, relatives, etc.).

If defamatory information was disseminated about a minor or a person duly recognized as incompetent, legal representatives (parents, adoptive parents or trustees) have the right to file a claim to protect their honor and dignity.

In case of dissemination of information discrediting the business reputation of a legal entity, its body has the right to bring a claim. If the dissemination of defamatory information affects the interests of a structural unit, then the right to defense is exercised by the body of the legal entity of which this unit is a part <*>.

Defendants in disputes regarding the protection of honor, dignity or business reputation of a citizen or business reputation of a legal entity may be individuals or legal entities that disseminated information.

If the claim contains a requirement to refute information disseminated in the press or other media (on radio, television, etc.), a legal entity that performs the functions of the editorial office of the media is brought in as a defendant. When publishing or otherwise distributing information without indicating the name of the author, a media body in accordance with Part 2 of Art. 39 of the Law on Mass Media, at the request of the court, he is obliged to name the source of information and the name of the person who provided this information.

If the author used information obtained from an official source in the publication, the court must discuss the issue of involving the legal entity or official who provided this information as a defendant in the case. If the information was published without indicating the name of the author (for example, in an editorial article), the defendant in the case will be a legal entity performing the functions of the editorial office of the media.

If information affecting the honor, dignity or business reputation of the plaintiff is reproduced by several media outlets, all of them can be brought to participate in the case as defendants.

The refutation should be published:

1) in the media with a publication frequency of at least once a week - no later than 10 days from the date of receipt of the request for a refutation (response) or its text;

2) in other media - at the next release.

The refutation (response) must indicate what information was not true, when and how it was disseminated by the media. The media does not have the right to edit the text of the decision or provide commentary on it that challenges the decision in content.

In claims for refutation of defamatory information contained in characteristics and other official documents, the defendants are the persons who signed them and the legal entity on whose behalf the characteristic was issued.

If it is impossible to identify the person who disseminated the information, citizens have the right to apply to the court to establish the fact that the information discrediting honor, dignity or business reputation does not correspond to reality <*>.

By virtue of Art. 153 of the Civil Code, the defendant is obliged to prove that the disseminated information corresponded to reality. The plaintiff must prove only the fact of dissemination of information discrediting him. At the same time, he has the right to present evidence of the discrepancy between their reality.

A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated has the right, along with a refutation of such information, to demand compensation for losses and moral damage.

Cases on the protection of business reputation fall under the jurisdiction of general courts, if one of the parties is a citizen who is not an individual entrepreneur, as well as in the case provided for in Part 2 of Art. 38 Code of Civil Procedure, i.e. when an individual entrepreneur presents interrelated demands for the protection of his business reputation as a citizen and as a participant in business (economic) relations.

The application for the protection of honor and dignity must comply with the requirements of Art. 243 Code of Civil Procedure. State duty is charged at the rates for non-property claims. For claims for compensation for material damage (losses) caused by the dissemination of defamatory information, the state duty is paid at the rates for claims of a property nature <*>.

Claims arising from violation of personal non-property rights and other intangible benefits, except for cases provided for by legislative acts, are not subject to limitation period <*>.

Compensation for moral damage in defense of honor and dignity

The right of a citizen to recover in court material compensation for moral damage is secured by Art. 60 of the Constitution.

A citizen about whom information discrediting his honor, dignity or business reputation has been disseminated has the right, along with a refutation of such information, to demand compensation for losses and moral damage caused by its dissemination <*>.

Moral harm should be understood as the physical and (or) moral suffering experienced by a citizen <*>.

Physical suffering is physical pain, a functional disorder of the body, changes in the emotional-volitional sphere, and other deviations from the usual state of health that are the result of actions (inaction) that infringe on the intangible benefits or property rights of a citizen.

Moral suffering, as a rule, is expressed in feelings of fear, shame, humiliation, as well as in other psychologically unfavorable experiences for a person associated with the loss of loved ones, loss of work, disclosure of medical confidentiality, inability to continue an active social life, with the limitation or deprivation of which -or rights, etc. <*>.

Citizens have the right to compensation for moral damage caused by government agencies, local government and self-government bodies, as well as their officials in the event of violation of non-property rights as a result of illegal actions (inaction) of these bodies and persons as a result of the issuance of acts that do not comply with the legislation <*>, violation rights and freedoms of citizens when considering their appeals <*>.

Procedural succession in claims for compensation for moral damage is not allowed <*>.

A legal entity in respect of which information discrediting its business reputation was disseminated does not have the right to demand compensation for moral damage <*>.

At the request of the victim and in his interests, the court may impose on the persons who jointly caused the harm share responsibility for compensation for moral damage <*>.

In an application for compensation for moral damage, the plaintiff must indicate who, under what circumstances and by what actions (inaction) caused him physical or moral suffering, how they are expressed, and in what monetary amount he estimates their compensation.

In all cases, when determining the amount of compensation for moral damage, courts must take into account the requirements of reasonableness and fairness <*>. To ensure their compliance, in each specific case the court must take into account the degree of moral and physical suffering of the victim, based on the severity (significance) of the consequences and their public assessment. Depending on the nature of the disputed legal relationship, the circumstances of causing moral harm, the age of the victim, his state of health, living conditions, financial situation, and other individual characteristics are taken into account.

In the event of the death of a victim, the amount of compensation for moral damage to persons entitled to compensation is determined depending on the degree of relationship with the deceased, dependent status, the nature of the relationship with him, and other specific circumstances that are important for assessing the degree of moral feelings.

When determining the amount of compensation for moral damage, the degree of guilt is taken into account when this is the basis for its compensation. If the occurrence or increase of moral damage was facilitated by the negligence of the victim, then by virtue of Art. 952 of the Civil Code, the amount of compensation is determined taking into account the degree of his guilt.

The court also has the right to take into account the property (financial) position of the tortfeasor <*>.

If defamatory information that does not correspond to reality was disseminated in the media, the court, when determining the amount of compensation for moral damage, has the right to take into account the nature and content of the publication, the degree of dissemination of false information and other circumstances worthy of attention.

A claim for compensation for moral damage can be filed together with a claim for the protection of honor, dignity or business reputation, including during the consideration of the case in court, or it can be filed independently (in particular, after a voluntary refutation of media information)<*>.

The court may consider a claim for compensation for moral damage either independently or together with claims of a property nature, including in criminal proceedings. The amount of compensation for moral damage does not depend on the amount of compensation for material damage <*>.

The statute of limitations does not apply to demands to refute information discrediting the honor and dignity of a citizen, as well as to a citizen’s demands for compensation for moral damage <*>.

The limitation period applies if legislative acts provide for compensation for moral damage in the area of violation of property rights of citizens <*>.

Attaching evidence

Before filing a complaint under Article 128.1 of the Criminal Code of the Russian Federation, it is necessary to collect evidence. Examples of these could be:

printout of SMS messages that you have received;
detailed data on incoming calls;
screenshots of pages that were distributed on the Internet;
testimony of witnesses (they may be neighbors or other persons who were present when false information was disseminated);
materials that are in written form;
evidence that the information circulated is false.

Evidence is indicated after the descriptive part of the application. They are formatted as a list.

Criminal liability for libel

Article 128.1 of the Criminal Code of the Russian Federation includes 5 parts that define penalties depending on how the libel is spread and its content.

a fine in the range of 5 thousand - 5 million rubles, or in the amount of income for a period from 2 weeks to 3 years;
from 60 to 480 hours of compulsory work .

If the court finds the offender guilty and imposes a fine on him as punishment, it will be turned into the income of the state, not the victim.

Submission order

The complaint is filed directly at the police department or prosecutor's office.
When applying to a judicial authority, you must submit an application to the office. If a law enforcement agency provides the opportunity to submit an appeal via the Internet, this can be done on the official website of the relevant department. In any case, the receiving person must provide the applicant with a document confirming receipt. In the police this is a coupon; in the prosecutor's office, as a rule, the officer who received it makes a note on the second copy of the complaint, which remains with the author. The court issues a receipt indicating the documents transferred. If it is necessary to return them in the future, issuance without this paper cannot be made.

How to write a statement to the police for libel, sample RB

It is difficult to find a person who has not encountered slander and insults at least once in his life. This phenomenon has become so firmly established in our lives that in everyday life few people even pay attention to it. Recently, cases of dissemination of defamatory information on the Internet have become more frequent. At the same time, in some situations it is not possible to remain silent and forget about slander. This could be a situation in which ill-wishers informed a wide range of people that the victim has a dangerous disease or has committed a crime, for example, of a sexual nature. Note!

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

What to write in essence

As a rule, in the descriptive component of a statement to the police about slander and insult, you will be advised to briefly and essentially highlight the fact of the dissemination of fictitious information about your person with a retelling of their content. It will be necessary to specifically indicate the manner in which the false information was conveyed to third parties.

You should definitely emphasize the fact that such fabrications do not correspond to reality and discredit your personality (defame your honor and dignity), and emphasize the presence of strong feelings of a moral nature. If you suspect or can accurately indicate the source of false information, you should indicate in detail the identity of this person with all the necessary data (full name, contact information). If a group of persons acts as such, information must be provided about each of them.

Statement of libel to the police and prosecutor's office

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Remember me? Forgot your password? Lawyers on the site. New events Useful resources. Your opinion is important. Rating of lawyers. Grigory Stefanovich Old-timer Rating: , Vasily Professional Rating: , Latest messages. Your question, in my opinion, is multifaceted. It all depends on the specific circumstances. I will try to emphasize, starting with the main thing. Under no circumstances give money without any written confirmation of its receipt. There is a big risk, h Good afternoon!

You can fight for the amount of damage. There are nuances associated with assessment. Write to Viber Latest topics. Voting right. Online now. There are currently no registered users on the site! Flash Player is required to display the block. Reference information for the category Housing Law. Last reply in the topic: User Newbie Rating: 0.80 Messages: 0. Slander of neighbors. Let me describe the situation a little. For 1. years, a neighbor living on the floor below has been complaining to various authorities, the police, the housing service, the tax inspectorate and others, that in the apartment where my mother, a pensioner, and my older brother, who is often absent from home, live, furniture is being produced for several months, there is constant noise at night, that the apartment has equipment for furniture production, etc.

Naturally, representatives of all of the above services repeatedly came with checks, interviewed other neighbors and naturally found nothing. Everyone would be fine, but for my mother, such visits are constant stress. After such visits, she starts taking pills for headaches and blood pressure. Please tell me if it is possible to write a statement to the police about slander of a neighbor, if it’s not difficult, an example of such a statement, and if recognized by the court, then write a statement about compensation for moral damage?

Or maybe there is some other way!? I don’t particularly want “blood”; after all, the neighbor is also a pensioner, but she can’t continue like this anymore. Please suggest solutions. User Newbie Rating: 3.80 Messages: 4. In particular, this can be slander in a telephone conversation, slander on social networks, slander in writing: notes, inscriptions, letters, etc.

First, for protection, the victim should write a corresponding statement to the police department at the place where the offense was committed. The application will be considered and submitted for execution to the local police inspector, who will call the applicant and witnesses, if any, for questioning. The guilty person will also be called to the police and questioned. You can also punish the offender for slander by contacting the prosecutor's office with a corresponding statement, which will be investigated.

Sample application to initiate a criminal case as a private prosecution under Part 1 of Art. 115 of the Criminal Code of the Russian Federation

Magistrate of judicial district No. 119 of the judicial district of Chapaevsk, Samara region

446100, Samara region, Chapaevsk, st. Pionerskaya, 1

Private prosecutor: Kolonitsky Dmitry Vladimirovich

, born May 28, 1996,

passport: 36 18 533253, issued by the Main Directorate of the Ministry of Internal Affairs of Russia for the Samara Region on July 13, 2018, department code: 630-006

Registration address: 443034, Samara region, Samara, st. Yeniseiskaya, 37, apt. 116

Address for correspondence: 443080, Samara, Karl Marx Avenue, building 192, office 619, tel. 8-917-151-82-72

Person brought to criminal liability: Full name1

Application to initiate a criminal case

as a private prosecution

On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned ___________________________ D.V. Kolonitsky.

On December 29, 2018, FULL NAME1 in relation to me, D.V. Kolonitsky, committed a crime of causing minor harm to my health, causing a short-term health disorder, that is, a crime provided for in Part 1 of Article 115 of the Criminal Code of the Russian Federation, under the following circumstances.

On December 29, 2018, I was in Chapaevsk at the address: st. Lenina, 68, apt. 89. I was there in connection with the upcoming New Year’s corporate party at the Wings cafe at the address: Chapaevsk, st. Makarenko, 16, which was supposed to start at 18:00, where I was supposed to work as a presenter. Also with me in the said apartment was my colleague, presenter Roman Dmitrievich Vorobyov. At approximately 14:00 on this day, the alarm of my red Kia Ceed car, no. O738RU163, went off. In order to check my car, I put on a jacket and Roman Vorobyov and I went out into the entrance, where through the window located in the entrance on the 3rd floor we looked out at the place where I left my car. We saw a man previously unknown to us kicking the front right wheel of my car. I told Roman that I would go outside to find out what was happening. Roman said that he would look out the window since he was not wearing a jacket. After that, I went down to the first floor, left the entrance and, approaching my car, I saw that the roadway was blocked by another car. I called out to the man in question and asked, “What’s the problem?” To this, the man, using obscene language, told me to remove my car from this parking space. I asked him: “Why?” He responded, again using obscene language, telling me to clean my car or he would give me a shovel to clean another parking space for him. I asked: “Is this your place?” He replied: “Yes, this is my place.” At that moment, having caught up with him, I asked: “Where is it written that this is your place?” To which, with the words “Now I’ll show you where it is written that this is my place,” he unexpectedly struck me with the fist of his right hand blow to my face area. From this blow I felt acute physical pain, slipped and fell to the ground on my right shoulder, but did not lose consciousness. Immediately after the fall, I tried to get to my feet, but I didn’t have time, because the indicated man, leaning over me, delivered another blow with his right hand to the left eye area. From this blow, I again felt acute physical pain, turned over with my face towards the ground and saw a large amount of blood pouring from my left eyebrow onto the snow. After that, I rose to my feet and saw that my jacket in the chest area was stained with my blood. At this moment, the man repeated his demand to move my car to another location. After that, fearing that the said man would again use physical violence against me, I headed towards my entrance, went inside and went up to the apartment in which I lived. Entering the apartment, I saw my colleague Roman Vorobyov, who was talking on the phone, as I found out later, with the 112 service. Roman Vorobyov called the police and an ambulance at our residence address. Roman told me that he saw the fight through the window located in the entrance and after that he returned home to call the police and an ambulance. Already in the apartment, my car alarm went off again. Together with Roman Vorobyov, we again went out into the entrance and saw the said man again kicking the wheel of my car. Continuing to observe, we saw how the indicated man approached our entrance and another man unknown to us opened the door to the entrance for him. Fearing further illegal actions on the part of the man, we returned to the apartment and locked the door. This was followed by a knock on the apartment door, which was repeated several times over a long period of time. Fearing that the man in question would cause damage to my car, we called the police again. When there was another knock on the door of our apartment, Roman Vorobyov said that we would not open the door until the police arrived. After some time, a police squad and an ambulance arrived and entered our apartment. I stayed in the apartment with emergency medical workers who provided me with first aid. At this time, a police officer was interviewing the man who injured me. After receiving first aid, I left the entrance and on the way to the car the indicated man called me and offered to talk. Since there were police officers nearby, I agreed to talk to him. During the conversation, the said man offered me 5,000 (five thousand) rubles for reconciliation. I agreed to his proposal. He said that he did not have cash on him and needed to withdraw it from a bank branch. Roman Vorobiev went to the bank in the man’s car. After they left, I called the lawyer, explained the situation that had happened to me and asked whether the compensation he offered was commensurate with his act. The lawyer told me that this amount is extremely small, since his actions may contain signs of a criminal offense under Part 1 of Art. 115 of the Criminal Code of the Russian Federation and invited me not to agree to his offer in the amount of 5,000 (five thousand) rubles. After that, I called Roman Vorobyov and told him not to accept the specified amount. Roman Vorobiev handed over the cell phone to the indicated man. During the conversation, I told the man that the amount of 5,000 (five thousand) rubles did not suit me and offered 30,000 (thirty thousand) rubles for reconciliation. The man refused this offer, which ended our conversation. After that, I went to the hospital in Chapaevsk, located at the address: st. Lenina, 104, to put stitches on my cut eyebrow. After the hospital, I went to the Ministry of Internal Affairs of Russia in Chapaevsk at the address: st. Krasnoarmeyskaya, 16, where I filed a crime report and was questioned by a police officer regarding the incident, after which I was given a referral for a forensic medical examination. By the time the survey was completed, it was around 19:00, as a result of which I was unable to attend the corporate event at which I was supposed to work. In addition, my appearance did not allow me to do my job as a presenter. In connection with this, I lost my earnings in the amount of 14,000 rubles (fourteen thousand rubles). 12/31/2018 from Samara, st. Yeniseiskaya, 37, apt. 116, where I am registered, I went to Chapaevsk to undergo a forensic medical examination.

Later, when reading the inspection materials, I learned that the man who injured me is FULL NAME1

According to the conclusion of expert Tokmakov I.A. No. 10-11/240Ch at Kolonitsky D.V. damage found:

How to write a statement to the police for libel, sample RB

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If information has been disseminated about you that does not correspond to the real state of affairs, which discredits your honor and dignity, as well as your good name, obviously, you have become a victim of a criminal act provided for by the Criminal Code of the Russian Federation. We are talking about criminal libel. To bring a slanderer to justice and to protect one’s own name, it is necessary not only to correctly classify criminal actions, but also to prove guilt using evidence. So, today we will tell you how to prove libel in court and where to write a statement about the crime. Thus, unfounded information should be disseminated in the following ways:. The criminal article also provides for aggravating circumstances related to the signs of a crime: If you have become a victim of slander, then first of all you need to seek protection of your rights, since in this case your honor and dignity suffer. The victim of a criminal attack is very worried, experiences anxiety and stress - all characterize moral damage. Therefore, if law enforcement authorities refused to initiate a criminal case or an acquittal was rendered, the victim always has the right to bring a civil claim.

Proof

If it happens that you suffered from the actions of a slanderer, then first you need to understand how to protect your rights, because in such a situation an attack on your dignity occurred. All suffering and stress of the victim relate to the moral damage caused to him.

Consequently, if law enforcement agencies refuse to initiate a case or if they render an acquittal, the injured citizen can defend his rights in civil proceedings.

Filing a claim in civil proceedings must be supported by a body of evidence:

justification that the defamatory information is not valid and cannot be supported by real facts;
the presence of a motive for the guilty person to commit criminal acts. Slander is committed, as a rule, with the specific purpose of discrediting a person’s honor and encroaching on his dignity in the eyes of other people to cause humiliation.

Taking this into account, the victim should prove the discrepancy between the information and the real circumstances and indicate the reasons for the bad relationship with the guilty person (envy on the part of the latter, career aspirations, etc.).

The main point of proof in this case will be that the victim will have to provide evidence. Accordingly, if he does not have any facts confirming the criminal act, he should not apply to initiate a case and accept it for proceedings.

In another situation, if the consideration ends in an acquittal, the person illegally involved in the process can compensate for moral damages from the original applicant.

Witness's testimonies

It is usually necessary to look for witnesses first. Their testimony is heard in the courtroom in favor of the victim. If a citizen could not find the people who captured the criminal act, he should not be upset.

Often, crimes of this type correspond to the rule of repetition, that is, if the actions were committed once, then, most likely, they will be committed a second time. Consequently, in this way the victim can prepare himself for another attack.

In a situation where slander occurs in a work environment, employees of the organization can act as witnesses. If the encroachment is carried out at home, then close relatives or neighbors can prove the act.

If only strangers can testify to what was done, it is worth making an effort to search for them in order to record information about them. Such citizens can subsequently help the victim confirm his position in court.

No witnesses

If slander occurs repeatedly, you can arm yourself with recording devices, such as a telephone, voice recorder and other recording devices that can establish the fact of slander.

Important! In cases of these crimes, if they were committed without witnesses, linguistic expertise will play a large role. Such an examination is carried out in a situation where defamation is displayed in audio or video files or on written media.

The expert examines the presented material evidence:

in written media, he studies the handwriting of the guilty person;
studies his speech in audio and video files (namely, obscene expressions and verbiage).

An examination can help the victim most accurately establish the guilt of the criminal, even without the latter’s testimony.

You can prove slander using:

audio and video recording devices;
in case of public actions – a link to a page on the Internet with false information about the victim or a clipping from a printed article;
witness statements.

Punishment for defamation of a person - procedure for bringing to justice and sample statements

Libel has always been a criminal offense. The exception was a short period when legislators decriminalized the composition and introduced administrative liability. However, after some time it was returned again in a more detailed version. Knowing how to prosecute for slander, a citizen who has suffered from the actions of a “well-wisher” who slandered him will still be able to punish him within the framework of the law.

What is the crime

Creating and disseminating deliberately false information about facts from the life of another person with the aim of harming him is the brief essence of the crime. It should be distinguished from defamation, which is a mixture of fiction and truthful information, while slander is deliberately false.

To make punishment for slander possible, the information must be:

false;
cause moral suffering, humiliation, and infringement of rights.

For example, wanting to take a higher position, a colleague spreads rumors that the person occupying it was caught in theft or theft, and cases of theft of material assets of employees began to appear in the company. In such a situation, we can talk not only about moral suffering, but also about real damage caused by dismissal.

Representatives of law enforcement and other agencies that protect the law stand apart. There is a special article for slander and insult against them.

Special attention should be paid to insults. It can often be confused with slander. However, if the information was transmitted directly, then the offender can only be punished under the Code of Administrative Offences.

What is libel: legal framework

The concept of slander is spelled out in Article 128 of the Criminal Code of the Russian Federation. Slander is the dissemination by any means of information, knowingly false, that discredits the honor and dignity of another person, and undermines his reputation. Deliberately false information is a lie, and the one who disseminates this information initially knows that it is false.

The law establishes whether it is possible to write a statement for libel and under what conditions this is done:

a slanderer aged 16 years or older is brought to justice;
the article for libel is applicable only to individuals;
When a slanderer deliberately slanders, he knows that he is spreading lies about another person, and does this with the aim of harming him (his reputation).

The culprit will be prosecuted for libel if he spread it in one of the following ways:

on radio or television;
published in the media or on the Internet;
shown in a TV show and other sources;
told at least one person;
slander is reflected in public reports, characteristics, statements that are addressed to an official or a group of people.

These conditions are classified as aggravating circumstances:

libel in public expression (mass media, reports, speeches, literary works);
the victim was reported as having committed a criminal offense (grave, especially grave, sexual in nature);
use of official position to spread slander;
if the victim was spoken of as a spreader of a dangerous disease that threatens others.

Which authority should I contact?

How to prosecute for libel and where to go? The police and the magistrate have the power to prosecute. The composition in question refers to cases of private prosecution, which means that the victim himself initiates the process by contacting law enforcement agencies. But only the courts punish in criminal cases.

Speaking about the police, a reservation should be made; they deal with cases when:

the offender is unknown;
the action falls under Parts 2-5 of Art. 128.1 CC.

In ordinary cases, it is recommended to file a statement of libel in court. A sample of it can be viewed below.

Counterclaim for libel

In order to be able to defend their rights, every citizen must know how to respond to slander with slander. This is necessary to restore justice and protect an innocent person from unlawful accusation.

A refutation cannot be filed independently, because this document is a response to an initially submitted statement accusing the citizen of libel. In the future, such cases are considered during one trial.

Source of the article: https://klevet.ru/vstrechnoe-zaiavlenie-kleveta

How to write a statement

Depending on where the application is addressed, the name of the court or the head of the police department is indicated. If the paper is sent to the prosecutor's office, they will not refuse to accept it, but will forward it to the police for further consideration.

Below is information about the applicant, full name, address, contact details. The name of the document is given: a statement of liability for libel.

In the main part of the statement, the citizen describes in detail how he was slandered with examples and evidence. If the culprit is unknown or there is only partial information regarding him, this fact must be highlighted. At the same time, you can ask to establish his identity. In relation to offenders on social networks, the page address is additionally entered.

If there are witnesses with important information, their full names, telephone numbers and addresses are indicated.

At the end of the document, the applicant asks to initiate a criminal case under Art. 128. 1 of the Criminal Code of the Russian Federation.

Charges for slander of a person are filed immediately in court if the actions of the slanderers do not contain the signs provided for in other parts (2-5) of Art. 128.1 CC. The sample application practically corresponds to the document described above, addressed to the police. It is not necessary to use forms; the appeal is drawn up in free written form while maintaining the structure: header, description of the crime, petition part, attachments, date, signature.

When deciding how to file a lawsuit, you should remember that it is currently possible to send documents in electronic form, as well as in person, by mail and courier.

Other things to consider

Having described the circumstances of the case, one should mention the moral and material damage caused and insist on compensation for damage from it. The amount at which you estimate your moral costs must be specified in a very specific manner.

It is necessary to especially emphasize the following point: the applicant must have an understanding of what a false denunciation is and what responsibility is provided for it. Before writing a statement to the police about slander, he is warned by a police officer about the inadmissibility of this and signs that he received this information.

In this regard, at the bottom of the document you should indicate that you have been warned about the existing punishment for false denunciation. The application ends with the date and signature of the victim. Particular attention should be paid to careful and accurate drafting of the document. An application with blots or identified inaccuracies will not be accepted by the police.

Is there a sample counter-statement to the police for libel? This formulation is legally illegal, and therefore you will not find any form of such a document, since it simply does not exist. We can only talk about a deliberately false denunciation (when you are unfairly and deliberately accused of disseminating information of a slanderous nature). In such a case, as mentioned above, it is necessary to go to court with a counterclaim.

How will the culprit be punished?

What punishment will follow for the culprit depends on the actions he committed:

An ordinary lie without aggravating circumstances is punishable by a fine or mandatory labor. Additionally, information about a criminal record will remain in the person’s history;
dissemination of defamatory information through the media (newspapers, magazines, radio, TV, blogs, advertisements) doubles the sanction compared to the previous one (fine up to a million, work up to 240 hours);
the use of official position will cost more in every sense - 2 million rubles;
for misleading people about the presence of a dangerous disease, a sanction equal to 3 million rubles will follow;
for lying about committing a crime, serious or especially serious, the fine can reach 5 million rubles.

In addition to the fine, the victim can file a statement of claim within the framework of civil proceedings and recover from the offender monetary compensation for the damage caused, moral and material.

Possibility of proof and responsibility

Any crime must be proven. Slander in this case is a problematic category, since its main features are the knowledge of the perpetrator that the information is unreliable and at the same time defamation of the injured person.

It is necessary to ensure that the evidence provided in the case supports the accusation made.

This type of act requires certain types of evidence that can be taken into account. These include the following:

Messages on the phone, call details and recordings of ongoing conversations.
If a social network was used to disseminate information, then screenshots of pages reflecting the necessary information, for example, dialogues or comments of the guilty person.
The testimony of anyone who can act as a witness to the commission of the act in question. This option is important when the dissemination of information is oral.
A document (letter) containing false information.
Confirmation that the information communicated to the public is indeed false.

It is necessary to take a proper approach to this part of the complaint when it comes to turning to law enforcement agencies for protection and compensation.

Evidence also plays an important role because a counterclaim is possible. An allegedly guilty person may come forward with an accusation that he is being slandered, and then the defendant himself will appeal to the appropriate structures.

If the judge considers the evidence provided sufficient and the person brought to justice does not deny his guilt, then certain measures of influence may be applied to him:

A simple act. The peculiarity of this type is determined by the fact that the act does not have qualifying characteristics. Accordingly, the punishment provides for the mildest, namely up to 500,000 rubles as a fine or 160 hours of compulsory work.
Organizing a speech in front of the public to commit an offense, which is considered a more severe manifestation of slander. This option involves the use of public means, for example, the media, to post information about a person. Responsibility will also be stricter. The fine limit increases to 1,000,000, and work to 240 hours.
Use of position in service. For example, the boss talks about how a former employee damaged products, was caught stealing, or is a hacker who sells company secrets, suffers from alcohol addiction, and so on. This behavior will also act as an aggravating factor. Liability: fine up to 2,000,000 rubles, work up to 340 hours.
Providing information about a non-existent disease in a person. This also includes a report that he has committed a crime of a sexual nature. Such information can seriously affect a person’s life, regardless of whether it is anonymous or a familiar person; moreover, it can be regarded as an invasion of privacy, so the penalties are also becoming stricter: a fine of up to 3,000,000 rubles, work of up to 400 hours.
Charge of serious misdemeanor. Such information also affects work and personal life. This provides for maximum sanctions, namely up to a 5,000,000 ruble fine and up to 480 hours of work.

The list of sanctions is exhaustive and limited to only two types of punishment. Both options are not permitted.

The recovery of funds in the case of slander is of a civil nature. It is enough to file a claim. The magistrate's court will not be able to bring the person to criminal liability, but will make a decision and allow him to receive a certain amount in the form of compensation.

The option under consideration is applied depending on the verdict in the criminal case. It is possible to submit a petition during the hearing. Other types of liability, for example administrative, will not apply to libel.

In addition to criminal penalties, other measures are possible. It is not possible to slander a person for free. It is possible to oblige a person to compensate for moral damage caused by the act in question.

How to prove

Gathering evidence is an important and difficult stage. The quality of its development will determine the success of the entire enterprise. It is permitted to use any materials containing information confirming the fact of dissemination of information and refuting its content. For example, screenshots of pages on social networks, certified by a notary, confirm the fact of dissemination of information, and an additional certificate received refutes the content of the sent messages.

It is acceptable to use SMS messages, audio recordings of conversations, witness statements, printed publications, if the information is printed.