Sample statement of libel: deadlines for consideration, structure

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.

New libel law

Rules for considering a claim in court.
Taking into account the legislative rights of Russian citizens to protection from attacks by third parties that could damage business reputation, denigrate the moral and ethical character by disseminating distorted information, the president signed a law amending certain articles of the Criminal Code. The decree came into force on July 28, 2012.

According to it, the Criminal Code of the Russian Federation was supplemented. Art. 128.1, which imposes liability for libel. Special paragraphs discuss the sanctions imposed on the violator.

How to respond to slander with slander - a counter-statement

Article 128.1 of the Criminal Code of the Russian Federation regulates the legal relations of citizens regarding slander and damage to the reputation of affected persons.
According to the provisions of this document, slander is deliberately false information disseminated by one person in relation to another. The actions of any slanderer are aimed at discrediting the name of another person. In addition to the classic situation where one person spreads rumors about another citizen, there are also others in which a citizen is deliberately accused of spreading slander. Under such circumstances, the only correct action may be a counter-statement for slander, drawn up according to the rules and setting out all the facts of the case. Let's look at the most significant nuances of drawing up a statement of libel and give an example of how to draw up such a document.

Any citizen can file a complaint with the court, police or prosecutor's office in connection with libel. This right is enshrined in Art. 128.1 of the Criminal Code of the Russian Federation, however, there are situations when a statement is filed against a person who is innocent of libel. In this case, the citizen can file a counterclaim for libel. Legislatively, this right is also enshrined in the criminal code and after filing a statement of claim, both cases will be considered during one process.

To be guaranteed to win the case, it is very important that the document is correctly drawn up, includes all the evidence, and all the necessary papers are attached to the claim. A counterclaim for libel, a sample of which is presented below, must be reliable and not contain errors, typos or false information.

What is libel

A slanderer deliberately spreads false information. In legal practice, this is considered the main feature of the crime in question.

Other features of the offense include the following:

through malicious actions, the criminal seeks to achieve the goal of causing harm to the business and social reputation of a citizen due to a negative impact on the moral and ethical character;
any adult Russian over 16 years of age can be the object of slanderous attacks;
the slanderer deliberately pursues selfish motives;
false information is disseminated both verbally and in writing, using social networks;
distortion of reliable information is not regarded by lawyers as an insult to personality, but is interpreted as false data.

Minors and incompetent citizens may suffer from slanderous attacks. In legal practice, cases of slander against the deceased have been considered.

What is not libel

The following actions are not considered criminal by law:

dissemination of negative information based on reliable information that causes a negative characterization of the individual;
no harm caused by false facts to honor and dignity;
sincere delusion of the distributor of distorted data, confident in its veracity.

It is difficult to prove libel in court. Therefore, such proceedings are quite ambiguous and require a thorough preparation of a solid evidence base.

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.

Liability for libel

Currently, Article 129 of the Criminal Code of the Russian Federation has lost its force; Art. 128.1 of the Criminal Code of the Russian Federation. This norm contains five parts, which provide:

sanction for “ordinary” libel, without additional characteristics. A classic example is Part 1 of Art. 128.1 of the Criminal Code of the Russian Federation is the communication of life facts that do not correspond to reality to several persons orally or electronically. For such actions, the legislator has provided for the most generous punishment - a fine of up to half a million rubles or compulsory labor ;
similar actions, but on a larger scale - dissemination of unpleasant information in the media form a crime under Part 2 of Art. 128.1 of the Criminal Code of the Russian Federation, and provides for a fine of up to a million rubles, compulsory work of up to 240 hours . By the way, this same part covers actions to disseminate information not only in newspapers and magazines, radio and TV, but also in Internet blogs, on Internet sites (for example, on the VKontakte “wall”), advertisements, etc.;
if an official position is used to disseminate defamatory information (for example, an employer brings to the attention of the heads of other companies about the negative qualities and unsatisfactory work of a former employee, which in reality does not exist), then in this situation Part 3 of Art. 128.1 of the Criminal Code of the Russian Federation and the punishment can be up to two million rubles ;
misleading others about the presence of a certain person with a dangerous disease that is transmitted to people, or about bringing to justice for a crime of a sexual nature, if such information is false, are specified in Part 4 of Art. 128.1 of the Criminal Code of the Russian Federation and are punishable by a fine of up to three million rubles ;
if there are rumors about accusations of committing a serious or especially serious crime - Part 5 of Art. 128.1 of the Criminal Code of the Russian Federation contains a sanction for punishment of up to five million rubles .

If, in addition to criminal punishment, you want to recover from the guilty person the amount of damage caused (for example, for the moral suffering that you experienced as a result of communicating unpleasant information to strangers), then you can write a statement of claim and attach it during the consideration of the criminal case.

How to write a statement correctly

A victim of slanderous attacks can seek help from the police or prosecutor's office. The rules for filing an application with these authorities are slightly different.

The following algorithm should be followed:

When contacting the police station, the details of the territorial unit must be indicated. Information about the manager (full name, position and title) should be written in the header of the document.
A complaint about slander to the prosecutor's service is accompanied by an indication of the body registering the statement.
The police office issues a special coupon confirming the citizen’s application. It can be used to form an evidence base when filing a lawsuit.
The receipt of a complaint by the prosecutor's office is certified by a special stamp indicating the date and person in charge. Such a mark is placed on a copy of the written statement that remains with the victim.

Tips for writing an application correctly.
Standard samples of documents are located on information boards or in the office of law enforcement agencies. If you need it you can here.

Document structure and sample

The legislative framework has not yet developed an official form for complaining about defamation to the police. Therefore, an injured citizen who discovers the fact of slanderous attacks against him can write a statement in any form.

When registering, you must adhere to the following rules:

the introductory part contains the name of the territorial unit of the law enforcement agency and information about its head;
First there is information about the applicant, including full name, place of residence and registration;
the main part of the document contains a description of the established facts of slander and methods of its dissemination;
the application indicates the person suspected of the offense, with a request to hold him accountable, his personal data and actual address of residence are indicated;
The registration is completed with the date and signature of the victim.

It is advisable to seek assistance in filing a complaint from a police officer. Emotional statements and drawn-out descriptions are unacceptable in an official document. The application must be short and concise, containing only the required information.

Nuances of document preparation.

The police officer informs the applicant about the likelihood of criminal prosecution for false denunciation. The latter puts his signature under the appropriate mark, which is required to be made by a law enforcement officer.

Deadlines for submission and review

If an attack on honor and dignity is detected through slander and deliberate dissemination of distorted information, it is recommended to immediately file a statement of slander with law enforcement agencies. It’s easier for the police to investigate a crime “without a trace.”

The legislative framework establishes a statute of limitations for this category of offenses. It is 2 years. After the expiration of the stated period, even with a strong evidentiary platform, it is impossible to bring the perpetrator to justice. Therefore, the victim filing a complaint with the police must meet the specified deadline to achieve a result.

Within three days from the moment of official registration of the document at the police station, a procedural decision is made on the case. In case of difficulties accompanying the implementation of the measures required for the investigation, the review time is extended to 10 days. In some cases, when the accused person files a counter-statement, the period of proceedings is extended to 30 days.

The procedure for drawing up a counter-statement to the police for libel

The person who actually committed the crime is not always considered as a slanderer. Then you need to challenge this statement, for which you can write a counter-statement to the police for libel. The complaint must be filed in compliance with the established parameters.

When is it necessary to write a counter-report to the police for libel?

Liability for libel is provided for in the criminal legislation of our country. The victim has the right to file an application under Article 128.1 of the Criminal Code of the Russian Federation. The commission of this illegal act means the dissemination of information about a person that discredits his honor and dignity, since it does not correspond to reality.

In addition to the standard situation where one person will slander another, it is also possible that a citizen is deliberately accused of something he did not do. In such a situation, it is necessary to protect your rights, for which you write a counter-statement against the applicant.

The refutation is submitted to the same authority where the initial appeal was submitted. It is worth noting that the legislator provides the opportunity to contact the police, prosecutor's office or court. The submitted counter-complaint and the original application will be considered by authorized persons within the same process.

In order to refute slander, you will need to draw up a paper in accordance with all existing rules. It is also necessary to indicate the evidence on the basis of which you will refute the accusation. In this situation, it is best to contact a professional lawyer who will help you draw up a statement, select the necessary evidence and defend your interests in court.

Basic parameters of the claim

You can respond to attacks against yourself by sending a statement by mail or personally presenting it to the police department. When sending by mail, you must keep a receipt indicating the successful completion of the operation.

The letter must be registered with return receipt requested. If you personally take the complaint to the police department, you can submit it at the office, and you need to receive a coupon on which the registration number is indicated.

The claim is filed at the place of residence of the other party.

The application must contain:

name of the authority where the paper is submitted;
information about the author of the application;
the circumstances under which the dissemination of untrue data occurred;
an indication that the data that has been distributed is not valid;
details of the person who discredited the honor of the victim, including surname, initials and address;
date of preparation and signature of the applicant (at the end of the document);
a note that the applicant is familiar with criminal liability for knowingly false denunciation.

Important! Police officers do not have the right to refuse to accept an application. Otherwise, the decision can be appealed to higher management, the prosecutor's office or court.

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.

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.

How to protect yourself in case of libel

You can also stop criminal prosecution against yourself for libel by filing a complaint correctly. To do this, you need to use the developed template. When submitting an application, you can ask a police officer for a sample or look at it at the information stand. When a counterclaim is filed, libel cases are most often dismissed in court.

The procedure for drawing up a counter-statement to the police for libel Link to the main publication

Source: https://ypravo.com/kleveta-i-oskorblenie/vstrechnoe-zayavlenie-v-politsiyu-za-klevetu.html

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.

What's the result?

The purpose of contacting law enforcement agencies is to punish the offender with action and rubles: he will receive a criminal record and pay a fine for slander and insult.

When contacting the authorities, the applicant can count on the following results:

initiation of proceedings by the court or police;
if a statement is received by the police, its employees conduct an investigation and forward the materials to the judge for further consideration and sentencing;
the court considers the received materials; in addition, you can file a civil claim for damages;
sentencing;
appeal or execution of a judicial act.

You can always sue for libel. But the process must be carefully prepared for the case to be won.

Is it possible to attract offenders who slandered a good name and caused moral suffering? Yes, you can. To do this, you need to submit an application to the police or court and prove the impeccability of your reputation.

Application to initiate a criminal case in court

To open criminal proceedings, the victim must submit an application to the territorial authority.

Facts to be stated.

A properly executed document includes:

official name and actual address of the regional branch of the court;
personal data of the applicant, his contacts;
a brief description of the defamatory actions indicating the method of distribution;
information about the alleged culprit;
a request to initiate criminal proceedings;
contact information for persons willing to testify;
date and signature of the victim.

7 days are allotted for consideration and verification of the application. After the specified time has passed, the magistrate calls the potential criminal, gives him a copy of the document, explains the rights of the defendant and requests information about defense witnesses.

Counter-statement (sample)

In addition to a refutation to the court, an appeal can be submitted to law enforcement agencies. A counter statement of defamation to the police, which is presented (attach the police statement form) can be filed against the charge of slander if an innocent person has been harmed and faces criminal penalties. The rebuttal must include:

the authority to which the application is submitted;
applicant's details;
circumstances of the crime indicating a possible suspect;
applicant's requirements;
date and signature of the accused citizen.

The statement of libel and refutation are combined into one case and are subsequently considered together.

Statement of claim to court

In Art. 152 of the Civil Code of the Russian Federation establishes the possibility of restoring business and social reputation, destroyed by the unlawful actions of a slanderer, in civil proceedings. To do this, the victim will need to correctly file a statement of claim with the regional branch of the court at the place of residence of the alleged criminal.

The applicant has the right to demand from the respondent:

refutation of disseminated false information;
compensation for financial losses caused by defamation;
compensation for moral damage expressed in monetary terms.

If a criminal case is refused or a verdict is passed that does not satisfy the victim, it is allowed to file a claim to participate in the civil process.

Basic parameters of the claim

By means of a counter-statement, you can respond to slander against yourself.
This can happen in a situation where, after a conflict, one of the parties calls the police and points to you as the person who committed the illegal act. In such a situation, in order to refute the accusation, you must write a counter-complaint. You can respond to attacks against yourself by sending a statement by mail or personally presenting it to the police department. When sending by mail, you must keep a receipt indicating the successful completion of the operation. The letter must be registered with return receipt requested. If you personally take the complaint to the police department, you can submit it at the office, and you need to receive a coupon on which the registration number is indicated. The claim is filed at the place of residence of the other party.

The application must contain:

name of the authority where the paper is submitted;
information about the author of the application;
the circumstances under which the dissemination of untrue data occurred;
an indication that the data that has been distributed is not valid;
details of the person who discredited the honor of the victim, including surname, initials and address;
date of preparation and signature of the applicant (at the end of the document);
a note that the applicant is familiar with criminal liability for knowingly false denunciation.

Important! Police officers do not have the right to refuse to accept an application. Otherwise, the decision can be appealed to higher management, the prosecutor's office or court.

Contacting the prosecutor's office

The powers of the prosecutor's office include:

verification of complaints against police officers who conducted investigations into slander, and analysis of the legality of the decisions made;
approval of the indictment and support of the prosecution during the trial.

It is not advisable to submit an application for prosecution for the dissemination of false information discrediting the moral character of a citizen to the prosecutor's service.

The explanation is that prosecutors:

do not take part in civil proceedings for compensation of damages;
do not investigate notifications of violations;
do not replace the police and the court, which are authorized to make decisions on the facts of individuals filing complaints of libel and punish criminals;
do not monitor compliance with the law and are not empowered to take response measures against those responsible.

Prosecutor's officers accept statements from victims and forward them to the subordinate organization. No more than 5 days pass from the moment the document is registered. Therefore, to save time, it is better to contact the police station or court directly.

Statement of libel to the police and prosecutor's office

Defamation is a criminal offense and is punishable by a fine, the amount of which depends on the aggravating circumstances, or by compulsory labor.

By slander, the legislator understands the dissemination of knowingly false information that discredits the honor and dignity of another person or undermines his reputation. If the crime is of a public nature, committed using an official position, or contains information that the victim has committed a serious or especially serious crime or has a disease that is dangerous for the people around him. All this forms qualified compounds, the punishment for which will be higher. The main motives for committing such a crime, as a rule, are revenge, envy or personal hostility towards the victim.

False information of an unpleasant nature is not considered a crime if it is said directly to the person to whom.

Note!
It is necessary to distinguish between slander and insults, since the latter is an administrative offense.

How to prove guilt

Criminal attacks on honor and dignity cause emotional distress, mental unrest and stress in the slandered person.

Nuances to prove that you are being slandered.

To compensate for moral damage, the victim will need to prove the guilt of the offender, including:

unfounded accusations, lack of facts confirming the disseminated information;
intentionality of actions performed with selfish motives.

The criminal pursues the goal of humiliating a person. Slander discredits the good name of a citizen, destroying his reputation and undermining the trust of others.

With witnesses

The best way to prove the dissemination of false information is to involve witnesses who can confirm the criminal intent of the accused. Testimony is given in court after taking the oath. At the same time, citizens participating in the procedural proceedings are notified of liability for false evidence.

In cases where slander accompanies the work process of the victim, interfering with the performance of official duties, colleagues act as witnesses. In civil lawsuits involving domestic disputes, a neighbor who has the information necessary to confirm the crime may be called to testify. Legal norms allow the participation of friends, relatives and acquaintances in civil proceedings.

If the court requires the testimony of bystanders who observed the slanderous attacks, measures to find them are entrusted to the victim.

No witnesses

Audio and video recordings, photographs, and printed materials can be used as material evidence of the slanderer’s guilt. This will strengthen the evidence base, speeding up the trial procedure.

We understand the concepts and signs of slander.

The lack of witnesses makes it difficult to identify the source of dissemination of defamatory information. Therefore, to find the culprit and confirm his involvement in the crime, investigative authorities use linguistic expertise.

The procedure includes the following:

if the distorted information was transmitted in writing, an examination of the handwriting of the person suspected of libel is carried out;
for the oral form of transmitting false data, an analysis of the speech characteristics of the offender is used, including the style of statements, the emotional coloring of individual expressions, methods of composing phrases, etc.

After such an examination, the crime is considered proven. Confessions are not required in court proceedings.

Responsibility and punishment of the culprit

A citizen caught in slander will face fines or correctional labor. The money paid to the accused goes to the state budget. Social work is not paid.

The severity of the punishment depends on the circumstances of the case and the consequences caused by the criminal acts. When sentencing, the degree of moral and financial harm caused to the victim is taken into account. The amount of the fine and the period of unpaid work for the benefit of society are established by the court individually based on the results of the proceedings.

Based on the results of consideration of a civil claim, the victim has the right to expect to receive money from the offender as moral compensation. Financial resources are transferred to the personal account of the prosecutor.

Article 128.1 of the Criminal Code of the Russian Federation provides for criminal liability for defamatory actions for adult citizens over 16 years of age. The legislative document stipulates the maximum amount of fines for disseminating defamatory information. It amounts to 5 million rubles. In some cases, the court sentences the defendant to work free of charge on a voluntary basis for up to 480 hours.

Limitation periods

The legal framework specifies the statute of limitations for filing a defamation claim. After two years from the date of commission of the offense, the victim loses the right to bring to justice the person who violated the law prescribed in Art. 128.1 of the Criminal Code of the Russian Federation.

There is no time limit for filing civil claims to refute false information and pay moral compensation. There are no statutes of limitations for them, with the exception of information published in the media. In such cases, the application must be submitted no later than one year from the date of publication.

A claim for compensation for damages must be submitted to law enforcement agencies within three years from the time the slanderous attacks were discovered. After this period, even with a strong evidence base, the perpetrator will escape punishment.