Before sending an application to the prosecutor's office, you need to figure out when and how to do this as simply as possible. This is usually done if a person's rights are violated, causing him to suffer. In addition, the law must be broken. Then law enforcement agencies can take action. A complaint to the prosecutor's office initiates a serious investigation, therefore, when the prosecutor's office intervenes, everyone is wary - from officials and people holding senior positions in enterprises to ordinary sellers. There are several ways to file a complaint, including online, so a person doesn’t even need to leave home. Despite the ease of submitting an online document, first you need to compile it correctly. Only in this case will the treatment achieve the desired effect.
Who can you file a complaint against with the prosecutor's office?
Anyone can file a complaint with the prosecutor's office, the main thing is that there are grounds for this. The main reason is violation of the law . If the complaint contains information about a violation of current legislation, the prosecutor's office is obliged to consider it. That is why when drawing up a document it is so important to be precise - to indicate specific information.
For convenience, we can highlight several of the most popular types of complaints that are written to the prosecutor’s office:
- For persons who manage commercial and non-commercial enterprises, public organizations, etc.
- On bailiffs (their actions or inactions) as well as other officials (tax inspector, city/district administration employees, etc.).
- On employers who believe that they can not comply with labor legislation (not pay wages, illegally fire).
- Developers who fail to comply with the terms of the DDU, do not comply with the requirements of the DDU, and do not respond to complaints.
- On the management company and resource supply enterprises for not fulfilling their duties.
- For sellers, manufacturers, people who provide paid services. If they violate consumer rights.
But there are restrictions - the prosecutor’s office does not work with individuals. If an individual violates the law, depending on the nature of the offense, you need to contact other law enforcement agencies. But if these bodies are inactive, then you can go to the prosecutor’s office.
Criminal liability for libel
Punishment for libel was introduced by Art. 128.1 of the Criminal Code of the Russian Federation. The qualification of defamatory statements depends on the method of dissemination and the nature of the disseminated data:
- in the basic version according to Part 1 of Art. 128.1 of the Criminal Code, the violator faces a fine of up to 500 thousand rubles. or compulsory work up to 160 hours;
- if the statement was made in the media, film or speech, Part 2 of Art. 128.1 of the Criminal Code threatens the slanderer with a fine of up to 1 million rubles. or compulsory work for 240 hours;
- libel “in execution” is qualified under Part 3 of Art. 128.1 of the Criminal Code and provides for a fine of 2 million rubles or compulsory labor for up to 320 hours;
- if the slanderer disseminates information about the dangerous diseases of the victim, or about the commission of crimes against sexual integrity, Part 4 of Art. 128.1 of the Criminal Code provides for a fine of 3 million rubles. or compulsory work 400 hours;
- if information about the commission of a serious or especially serious crime is disseminated, Part 5 of Art. 128.1 of the Criminal Code provides for a fine of 5 million rubles or 480 hours of compulsory labor.
Note!
Merely reporting a crime to the police that has not been confirmed is not libel. To qualify such statements under Art. 128.1 of the Criminal Code, it is necessary to establish that such a message was unfounded and was made only with the aim of causing reputational or other damage to the victim.
Requirements for an application to the prosecutor's office
In order for an application to be accepted by the prosecutor's office, the sample (correct) must meet the standard. Even if it's an online document. Although the law does not have any special requirements for the contents of the document, it must contain certain information:
- The name of the body where the correct sample application to the prosecutor's office is submitted. As an alternative, you can indicate in the sample the name of the person who will be involved in your case.
- Who sends application samples? Sender's full name and address. If you want to receive an answer to another, correct residential address, you must also indicate it when drawing up the sample.
- State the essence of the issue as fully as possible. But without too much specificity, so as not to overload the sample document.
- Date of submission of the sample and signature of the person sending this application.
A correct application to the prosecutor's office is written and submitted according to a certain algorithm. The most attention is paid to the part where the applicant must write the essence of his complaint. In this part, the prosecutor's office draws attention to the events that preceded the offense. Also indicate the exact date when you contacted government agencies, when you entered into an agreement, when you began your employment relationship, etc.
Next, be sure to indicate what the dispute was and under what circumstances the law was violated. Describe what exactly happened - how the law was broken. It indicates which law was violated. If there is already a decision that violates the law, enter its details.
Next you indicate what you require from the authorities. For example, you can demand that an unscheduled inspection be carried out at the body that violated the law. It wouldn’t hurt to indicate in the sample that you demand that those responsible be brought to justice.
The form in which the complaint is made is free. This is what a sample complaint to the prosecutor’s office looks like:
What is libel in the Criminal Code of the Russian Federation?
Criminal law recognizes as libel any dissemination by a person of knowingly untrue information that negatively affects the honor, dignity and reputation of another citizen. According to paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens,” the following is recognized as distribution:
- publication of false information in print, television, radio and online media;
- dissemination of information by any other means of television and radio communications;
- voicing information in speeches to an unlimited number of people;
- indication of information in published memos and certificates;
- indication of such information in applications to officials;
- communication of such information to at least one person whom it does not concern.
The communication of such information to anyone is not considered libel if the distributor ensured that it was not disseminated to an unlimited number of persons. Any information that did not exist in reality at the moment designated by the slanderer can be considered untrue. The following statements are considered defamatory:
- about a person’s violation of the law;
- about committing a negative act;
- about unworthy behavior contrary to ethics;
- about dishonest attitude towards the fulfillment of professional, official or other obligations, towards entrepreneurship;
- about non-compliance with the rules of business ethics and turnover and other facts.
Provided that they negatively affect the honor, dignity and business reputation of individuals and legal entities.
Note!
Value judgments and beliefs of another person, which are a clear expression of his subjective opinion, position and views, should be distinguished from slander.
Collective complaint to the prosecutor's office
Before writing an application to the prosecutor's office, you should take into account that the correct document can be not only individual, but also collective. Drawing up a collective complaint is not much different from an individual document. The difference is that one person acts as an applicant, and if a collective one is written, there may be several applicants.
Typically, such complaint formats are drawn up if several people were affected or if the decision to write a complaint was made at meetings, rallies, etc. Several applicants can sign a collectively written application. So a collective complaint has only a few differences - it is drawn up by more than two people and several people can sign it.
What to do if there are no witnesses
If cases of insult and slander are repeated, you can use technical means in the form of a voice recorder, audio player or mobile phone, on which audio and video information during the “showdown” is recorded. If defamatory statements exist in written form, linguistic expertise can help.
sample statement to the police regarding libel
Any possible evidence may be subject to research:
-in the form of letters or leaflets - with handwriting examination;
-audio and video files, taking into account the choice of vocabulary, including obscene expressions. Such an examination can quite accurately identify the culprit and will allow him to be brought to trial even in the absence of witnesses.
Clippings from press publications or links to a source on the Internet will also help you if defamatory information has been distributed on the Internet.
Submit an anonymous application
The main requirement for how to correctly write an application to the prosecutor’s office is to indicate the name and address of the applicant, so it will not be possible to submit a document anonymously if you want to receive a response from government agencies. If you try to send even a truthful and correctly completed complaint, but without the applicant’s full name and address, the prosecutor’s office will consider the document, but there will be no response.
Thus, although the law does not prohibit sending anonymous complaint samples, and they may serve as the basis for an extraordinary inspection, the prosecutor’s office will not respond to the document. So the applicant will not know whether measures were taken or whether the authorities were inactive. This is logical, because if the complaint is anonymous, it is not known where to send the response.
What then?
If your application is drawn up in accordance with all the rules, it must be accepted and considered within the period established by law. The police do not have the right to refuse to submit a libel statement drawn up in compliance with all paperwork standards. Having accepted it, the department employee is obliged to issue a special document called a notification coupon. It serves as confirmation that your police report has been accepted.
Police officers are required to verify the information contained in it within ten days (in case of exceptional circumstances, this period can be extended), then an appropriate decision is made. If the case is to be initiated, the materials are submitted to the court.
How to submit an application to the prosecutor's office
Another pressing question is how to submit an application to the prosecutor’s office? There are several current ways to submit applications after you have been able to write them:
In writing
A written complaint can be submitted by any convenient method. For example, bring it to the prosecutor's office, send it by registered mail. But if you use postal delivery, be sure to choose the method with delivery receipt.
Orally
The format of the appeal under consideration can be used in a personal meeting with a representative of the prosecutor’s office in the performance of his duties. You can also call the hotline or contact using the media as intermediaries.
Electronic means of communication - online
An online application to the prosecutor's office can be submitted directly on the website of the local prosecutor's office, although you can contact the regional office. There are specialized forms on the online platform - you just need to fill them out. Although you can do it easier - send the document by official email.
Decide for yourself how to submit an application to the prosecutor’s office, because each method has its pros and cons. But if you send documents online, it will take less time and require minimal effort.
Let's go to the police station
Upon arrival there you will have a conversation with the local police officer. His duty is to record the essence of the incident in all details and take testimony from both sides - you (together with the witnesses) and the offender.
How to properly file a statement of slander to the police? It is not difficult to find such a document. His hat is shaped on the right side. It must contain instructions: to whom the application is sent and from whom exactly. You must provide your contact information in full.
In the middle of the line, the name of the document is written in capital letters - “Application”. After this word, according to the rules of office work, there is no period. Below you should describe all the circumstances of what happened. In this case, there is no single sample of a statement to the police about slander, since each situation is considered purely individually. But still, numerous examples of such texts exist in print and on the Internet, and the reader will not have difficulty choosing the one that most closely matches his own real situation.
We, in turn, present below as an example one of these samples.
Procedure and terms for consideration of a complaint
The prosecutor's office must register the complaint after receiving it within three days from the date of receipt. But only if the document meets all the requirements that are accepted in relation to the application under consideration. When the sample is registered, it is submitted to the prosecutor, who will henceforth be responsible for it.
The prosecutor must carry out a set of activities, considering the complaint and trying to determine whether there are grounds for it and how correctly it is drawn up:
- It is checked whether all the facts specified in the complaint are true. He may even go to the scene to establish prosecutorial control.
- Collect and request the documentary base necessary to make a decision. For example, it will require the provision of materials from a criminal case, enforcement proceedings, etc. This will help you look at the situation objectively.
- He will transfer some of his responsibilities to lower-level prosecutors in order to check the complaint in more detail.
- Can submit materials to various authorities in order to initiate criminal or administrative proceedings.
The prosecutor can also grant or deny (do not act) the request to fire someone specified in the sample complaint.
The complaint received by the prosecutor's office has its own consideration period. For ordinary cases they are 15 days. If the case requires additional verification, the prosecutor's office can work for 30 days. Sometimes the deadline for a complaint is extended, but not longer than another 30 days. When the review is completed, representatives of the prosecutor's office provide a response, reporting on the work done and measures taken.
How to prove libel
Defamation is a crime for which the law provides punishment. To prosecute the offender for slander, you will have to prove that the information expressed is false, and the slanderer has a motive for committing a crime (bad relationships, envy, rivalry, personal or career competition).
Before filing a claim for libel, evidence is collected. If the person who slandered you is acquitted, he will be able to file a claim for compensation for moral damage.
If there are witnesses that a person has been slandered, they testify in court under oath. If there are no witnesses, the victim independently records information discrediting him. For this use:
- recordings from surveillance cameras;
- voice recorders, mobile phones;
- clippings from printed publications, printouts and links to sites where defamatory materials are posted.
If the slanderer has a clear motive, police officers may well dispense with the involvement of witnesses, relying on the work of their own experts to solve the crime.
Application to the prosecutor's office unanswered
Usually, if an application is submitted to the prosecutor's office for inaction or some other problem, the applicant waits for a response. But it will not follow in the following cases:
- If the applicant did not indicate his full name and address on the complaint sample;
- There is no information in the complaint to resolve it;
- The document has no substance;
- The applicant is trying to independently interfere with the work of the prosecutor's office;
- The text of the complaint is unreadable and illegible;
- The text contains obscene language and threats.
Without a response, the prosecutor's office will leave sample applications asking for actions that are not within its competence. If the document needs to be redirected, the applicant is additionally notified of the event in question. Moreover, there is no need to be confused - if a complaint is not answered, this does not mean that it is not being dealt with. But if the complaint is not satisfied, then the offense cannot be proven or it did not exist at all.
You can get legal assistance on how to file a complaint with the prosecutor’s office on our website.
Where to apply
Victims have the right to report a crime to the nearest police station. After checking the information contained in it, they will decide whether to initiate a criminal case or refuse it. In addition, an alternative procedure is provided - to apply directly to the magistrate. The claim will need to be drawn up in accordance with procedural rules, so the sample statement to the police for defamation mentioned above is not enough. It is difficult to do without legal advice.
In the same way, a complaint about the dissemination of slanderous information can be referred to the prosecutor's office. This body is competent to bring slanderers to justice outside of court proceedings. In some cases, an employee of the prosecutor's office may represent the interests of the victim at a court hearing, acting as a public prosecutor.
Next, we will talk about how to competently draw up such a document.
The essence of the crime
Telling someone false information about a person is a brief definition of the concept of actions related to slander. Dissemination of false information about a citizen’s lifestyle, his allegedly illegal actions and deeds, participation in dubious or illegal transactions, defamatory connections, etc. - all this is covered by Article 128.1 of the Criminal Code of the Russian Federation.
Example No. 1 . Schoolgirl Petrova V.A. are bullied by high school girls. After another conflict, they spread rumors throughout the educational institution that Petrova V.V. suffers from a contagious disease, it is dangerous to come close to it. Parents of Petrova V.A. They went to court with a statement to bring the offenders to criminal liability for libel, and a guilty verdict was issued.
In this example, it is clear that the information that became known to other students
- false (that is, not true);
- they defame the honor and dignity of V.A. Petrova. – in simple words, the victim endures certain suffering, humiliation, feels violated in the rights to a good name, etc.
Recently, the most common cases are the dissemination of defamatory information on the Internet. Former spouses, conflicting parties in business, quarreling companions or friends - such social network users often use methods of humiliation through the World Wide Web. It can be difficult to prove the involvement of such people in slander, but it is still possible.
Example No. 2 . The ex-husband spread information online about his ex-wife engaging in prostitution. He sent all 148 friends in his social contacts a short message telling them when his wife “worked” and how much money she needed to pay per hour. The offended woman filed a lawsuit to protect her honor and dignity, as well as to prosecute the person who disseminated such information.
A separate article in the criminal law provides for liability for libel against a judge, prosecutor and other representatives of law enforcement agencies - this is stated in Art. 298.1 of the Criminal Code of the Russian Federation. Let us note that the law enforcement practice of this norm is quite modest: cases of this category are isolated in nature.
False information of an unpleasant nature is not considered a crime if it is said directly to the person about whom it is contained. Here we can talk about insult, and this is already administrative responsibility and the application is submitted to the district prosecutor (read more here).
