The problem of insulting and spreading false information about others is a universally recognized act of anti-social nature. To legally resolve issues related to slander, you can file a statement of slander to the police, the sample of which is not fixed. If complicated situations arise related to factors of slander on the part of officials or other persons, it is possible to file a statement of slander with the prosecutor's office, the sample of which is similar to the form of application submitted to the police.
What is libel - official explanation of the Plenum of the Supreme Court of the Russian Federation
An irresponsible statement about a person can be qualified within the framework of the Criminal Code (CC) of the Russian Federation.
And paragraph 128.1 of the law provides penalties for false information disseminated publicly. Download for viewing and printing: Article 128.1. Libel - Criminal Code of the Russian Federation of June 13, 1996
Moreover, crimes in the information space are qualified on the basis of certain characteristics. In some situations, it is necessary to contact the police, and not the prosecutor's office. In addition, the victim can influence the liar by legal means through law enforcement officers and the court:
- force an apology;
- bring to justice;
- force the refutation of false information;
- sue for compensation.
Attention: coercive influence on the perpetrator is determined by a court decision.
To do this, the victim files a statement of claim for libel with the government agency (a sample is available at the court reception desk). Jurisprudence operates only with officially defined concepts. Therefore, it is necessary to explain what is meant by slander when information damages the honor and dignity of a person. This interpretation is contained in Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3 dated February 24, 2005. In particular, the text of the document provides explanations regarding the methods of disseminating defamatory information. They can be like this:
- through the media, including Internet resources;
- radio and television broadcasting;
- other sources of video distribution;
- speaking in public, as well as in a narrow circle;
- a verbal message addressed to at least one person.
In addition, the RF Armed Forces drew the attention of the courts to some aggravating circumstances. These include:
- use of official position to spread slander;
- inclusion of false data regarding an individual in public statements, including: reports;
- literary works;
- speeches;
- articles;
- comments and interviews;
- grave;
Attention: filing a claim against a liar does not exclude:
- refusal to initiate a criminal case for disseminating defamatory information;
- its termination;
- making a decision on this.
The essence of the crime
The crime consists of deliberately transmitting knowingly false information to third parties. A slanderer, through deliberate actions, harms a person’s reputation, undermines public trust, discredits one’s dignity and good name, and denigrates one’s moral character.
Article 128.1 of the Criminal Code of the Russian Federation considers the following types of false information, for the dissemination of which the culprit bears criminal liability:
- distorted data about a citizen’s personal life, protected by his right to confidentiality, prescribed in Russian legislation;
- false information about misconduct and illegal activities;
- unverified facts of participation in dubious illegal activities;
- false evidence of discreditable connections, etc.
In domestic legal practice, court proceedings regarding libel spread over the Internet have become more frequent. Users post obscene photographs on social networks, accompanied by vulgar comments. The difficulty in considering such claims lies in the anonymity of the source of compromising information. To identify the culprit, specialists are brought in to identify him using his IP address.
How is slander proven?
Defamatory information causes moral and material harm to a person. His reputation suffers, clients and contractors do not want to continue maintaining relationships. Sometimes dismissal from a position follows. In such a situation, it is necessary to defend yourself. And the first stage will be collecting evidence. For information: the victim can contact various authorities. Explanations of the RF Armed Forces divide them into two groups:
- Law enforcement agencies are engaged in punishing the offender. These include:
- police;
- prosecutor's office
The court is considering stopping the spread of false information and compensation.
Evidence will be required in all instances. Therefore, the victim needs to take care of their availability. Moreover, the evidence base itself is structurally divided into two sections:
- Confirmation of the presence of information harmful to the victim. And also proof of its falsity and unreliability.
- Identifying the motive for intentionally committing an unlawful act. It can be: moral - causing suffering to the slandered;
- material - receiving benefits from false information.
Important: before submitting an application to the appropriate authority, you should think about how the matter will turn out. If the prosecutor or court refuses to satisfy the request, the accused will also have the right to file a counterclaim for libel.
Witness testimony
Defamatory information disseminated orally must be confirmed. The best way to do this is to involve witnesses. They are people who heard the slanderer. To prepare materials for law enforcement agencies, you should compile a list of witnesses with residential addresses and contact information. Please note: people will have to testify under oath in court. They will be warned about the spread of false information. It is advisable to notify those who agree to testify in favor of the plaintiff about the procedure.
Linguistic expertise
Involving experts in the case increases the chances of winning the process.
Linguistic research is carried out only by specialists who have received state permission. It is issued based on verification of the diploma and qualification level of the applicant. Expert services are paid (from 10 thousand rubles). The specialist analyzes the materials to identify phrases that discredit the applicant’s dignity and harm him. In this case, a person must correctly set the task. The expert is provided with:
- materials confirming slanderous information: oral speech must be carefully recorded;
- SMS messages;
- articles;
- letters;
- videos and more;
Hint: the task registry can be expanded and supplemented. As a result, the specialist will issue a document containing the results of the analysis of the slanderer’s words.
If there are no witnesses
A different situation arises if no one is able to confirm the spoken lie. The case lies in the definition of criminal libel. Logically:
- dissemination is persecuted ;
- if no one received it, then there is no composition.
However, this is not quite true. After all, there is a possibility that the slanderer spreads information in a circle with which the victim does not interact. In such a situation, you need to show ingenuity and foresight:
- be patient;
- prepare a voice recorder;
- record the slanderer's speech when he tries to speak again.
Any visual sources are accepted as evidence of a criminal act. If the message was published online, you should immediately take screenshots of the screen. You can take photographs of emails, notes, and other offensive remarks.
Hint: do not provoke the offender. This method will be deemed unsuitable, and the case will be closed.
Responsibilities and rights of the parties
Procedural possibilities are defined at the legislative level.
Including such a figure as the victim, who is the person who suffered damage due to an unlawful act. In order to obtain such status, it is necessary for the investigator to issue an appropriate resolution. It is worth noting that the legislative norms in the CIS countries are almost similar; in particular, similar rights and obligations apply on the territory of Ukraine. The rights of the victim include:
- know what charges have been brought;
- provide evidence;
- give evidence;
- get acquainted with the case materials;
- use the services of a translator;
- have the opportunity to act through a representative;
- take part in actions carried out by the investigator;
- receive copies of resolutions that have been adopted in relation to him;
- file complaints against the person conducting the investigation;
- other rights.
Responsibilities include:
- come when called by the person conducting the investigation;
- give evidence that is true;
- not to disclose information that became known to him in connection with the investigation;
- take part in examinations.
The accused also has rights and obligations, these include:
- raise an objection to the charge that has been brought;
- file complaints and petitions;
- use the services of a defense attorney free of charge;
- have a private meeting with the defender;
- participate in actions carried out by the investigator;
- get acquainted with the case and others.
Submit an application
An offended person is at first too upset to think rationally. And many do not know where to turn to protect their rights. And if this is not done, the situation may worsen. Suffering from slanderous statements:
- health of the victim;
- his reputation;
- both of these factors affect income levels and quality of life.
Hint: you should only try to convince the offender if you are confident in the success of the event. But first it’s worth assessing his motives. Lies are rarely spread out of stupidity or mischief.
Where to write an application
You should contact the government agency whose competence includes this crime. It's easy to understand here. To do this, you need to read paragraph 128.1 of the Criminal Code. It indicates aggravating circumstances deciphered by the RF Armed Forces. These are the criteria for choosing a law enforcement agency:
- if aggravating circumstances occurred, then the statement is sent to the police;
- in their absence - to the prosecutor's office.
Hint: it is more rational to file a lawsuit after the investigation is completed. Although, such a decision is made by the affected citizen. The claim may be sent to the court at any time.
What to write
An appeal to a government agency is drawn up in the prescribed form. This does not require a form. Just according to the rules, you should indicate the following data in the header:
- about the addressee: name of the law enforcement agency;
- the manager's full surname and initials;
- position (data will be provided in the reception or duty department;
- Full name;
The body of the application must briefly describe the essence of the situation. In addition, it is advisable to refer to the paragraph of the Criminal Code and also add the following information:
- about information discrediting honor and dignity;
- about its unreliability;
- about the damage caused;
- about slanderers in the format: full name;
- registration address;
- place of work.
The application is accompanied by confirmation, that is, the collected evidence. They can be in any format. Electronic information is recorded on removable media.
Please note: the application must list all applications. This is important for further work.
Features of contacting the police
The application form is prepared in the manner described above.
It needs to decipher the crime. As can be seen from paragraph 128.1 of the Criminal Code, in this case the act must be associated with aggravating circumstances. They are indicated in the address. Example:
“On April 23, 2021, an analysis of the dynamics of morbidity in the region was published on the website (address indicated) of the Be Healthy Internet portal. As an example, the author is Ivanov V.V. provided personal data of the clinic’s patients. Among them is my name. Attached:
- electronic copy of the publication;
- printed statement;
- screenshot of the screen for 12/23/18.
This information is not reliable. She discredits my honor and dignity, since I was not given the specified diagnosis. The author of the analysis is Ivanov V.V. spreads deliberately false information, thereby damaging my reputation.
I ask you to check the information provided and make a decision to initiate criminal prosecution for disseminating slanderous statements.
List of applications".
Attention: the police will issue the applicant with a notification coupon that the application has been accepted. And if the appeal is addressed to the prosecutor, then you need to write two copies. On the second one they will put a mark on acceptance for work.
Features of the lawsuit
The appeal is submitted to the magistrate's court at the place of registration. It is compiled according to the form described above. In addition, another line “claim price” is added to the document header. The amount depends on the requirements put forward. The claim contains the following information (except for the header described above):
- a description of the circumstances indicating: the defamatory statement itself;
- dates and places of its pronouncement (publication);
- the identity of the offender;
- witnesses and others;
Download for viewing and printing:
Sample statement of claim for criminal liability for libel and insult in the magistrate's court.
Hint: you need to attach a receipt for payment of the state duty to the claim.
Confirmation of facts
There is no approved sample claim in the legislative norms, while in practice forms of the form have been developed in accordance with which the document in question must be drawn up.
In order to terminate the case against yourself, it will be necessary to carry out work aimed at finding and establishing evidence of innocence. Dismissal of a case may be based on the same evidence provided by the other party. These include witness testimony, expert opinions, etc. It will be necessary to prepare for the court hearing, including the assistance of a professional lawyer. If the slander involves a fight or other use of violence, then you need to find witnesses who will confirm that you were attacked, and not you. You also need to undergo an examination confirming the presence of physical injuries. It is best to go through it in the first hours after the incident. In this case, there will be less opportunity to challenge this evidence.
Submission order
The appeal must be brought in person to the office of the selected authority. The following subtleties should be kept in mind:
- one statement is written to the police;
- It is advisable to bring two copies to the prosecutor's office;
- and in the magistrate's court - three.
All evidence will have to be reproduced only for the court. Three identical packages of documents are submitted to this institution:
- one for the judge;
- the second for the defendant;
- the third remains with the plaintiff.
The employee will accept two packages. Within three days they will undergo a preliminary check for identity and correctness of composition. Only after this will the applicant be notified of the further progress of the proceedings. The plaintiff's copy is marked with acceptance (court stamp).
Hint: if the court does not accept the claim, then it should be worked out again and resubmitted. The reason for refusal is usually a violation of the drafting form.
Where to contact
Every Russian citizen is endowed with the rights to protect his moral character, untarnished name and personal dignity. Contacting the police or a magistrate's court will help stop slanderous attacks and bring the perpetrator to justice.
Libel is a private crime. Therefore, the victim himself must initiate the accusation procedure by submitting a written statement to human rights authorities. Employees are required to accept and properly record the official document. Punishment in criminal cases falls within the competence of the courts.
Police investigate the following situations:
- if necessary, investigative measures to identify the culprit;
- if the crime falls under parts 2-5 of Art. 128.1 of the Criminal Code of the Russian Federation.
In standard cases, criminal proceedings are conducted by a magistrate. District offices make decisions on civil cases providing for compensation for moral damage caused by slander in monetary terms.
Counterclaim
Russian legislation is based on the principle of equal rights of people. This means that the accused has the opportunity to defend his position. The counterclaim is made after examining the allegations contained in the plaintiff's statement. To do this, the above work is done:
- determination of illegal facts;
- collection of evidence;
- drawing up a counterclaim and sending it to the same court.
Download for viewing and printing:
Sample counterclaim
Legal services in Novosibirsk
Resolution of the Plenum of the Supreme Court of the Russian Federation dated August 24, 1993 No. 8 “On some issues of application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” provides that when considering an eviction claim, tenants, former members of the owner’s family, and other persons do not who are the owners of privatized residential premises, can file a counterclaim to invalidate the concluded agreement for the privatization of residential premises, for example, if, when refusing privatization, they were misled or were unable to understand the meaning of their actions, or if the owner violated the agreement on the conditions of such refusal <*>;
About statute of limitations
The law sets different deadlines for punishing the offender. They are:
- if the information is published in the media - 1 year;
- in another way - the limitation period does not apply.
Hint: the court has the right to restore the missed statute of limitations when there is a good reason for this (illness or ignorance of the existence of defamatory statements, for example).
Video: Prosecution for libel
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