Article for libel and slander of a person: criminal liability

The article for libel (128 of the Criminal Code of the Russian Federation) regulates penalties in relation to those who carry out activities related to denigration of the honor and dignity of another person.
However, this type of offense is regulated not only within the framework of criminal law, but also within the framework of the Administrative and Civil Codes. Punishments for committing such an offense can vary: from fines to correctional labor, depending on the degree of consequences and scale of the crime. What is libel, what is the article in criminal law on libel and how is libel punished by the Criminal Code of the Russian Federation? Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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What is meant by libel in criminal law?

Before considering in detail how this offense is regulated by Article 128 of the Criminal Code of the Russian Federation, we need to turn to the concept of slander.

Slander is actions aimed at creating and further disseminating information about someone that in fact is not valid and that harms the honor and dignity of a citizen.

It is important to note that slander should not be understood as erroneous information, but deliberately false: the offender always knows that the information he disseminates is untrue.

Thus, the main task and primary goal of the criminal is to cause moral or material damage by influencing someone’s reputation, honor or dignity.

False information about a person or group of people can be spread in a variety of ways.

The most popular are the following:

articles, posts, photographs and videos posted on the Internet;
appearance on television, radio;
performance as part of an event or celebration.

Libel should be considered separately from defamation, which is understood as the dissemination of information that is harmful to reputation and honor, which, however, may be true. For example, information about the fact of corruption on the part of a high-ranking official, which is true, should be classified as defamation, and not slander.

Moreover, a false slander is not an insult. Insult is understood as evaluation or condemnation of the personal qualities, actions and deeds of a citizen, which is expressed in obscene and abusive form. Libel may contain elements of insult, but, as a rule, it has a fairly neutral expression of information that is false about a person.

Shoplifting charge

Nowadays, shoplifting is common, so supermarkets and large stores always have security guards. This need is completely justified. A situation can happen to any buyer, as a result of which he is unreasonably accused of theft. In this case, the accused needs to know his own rights and possible legal actions that the guards have the right to take against the suspect.

If such suspicions arise, the security officer may ask to show him the things in the bag or pockets. Such actions are considered unlawful, because the most that security is allowed to do is call the police, who will examine the fact of theft, confirm it or deny it.

If a security guard insists on searching the accused's bag, you need to remind him of his rights and ask him to call the police. If you receive a refusal, you can call the law enforcement authorities yourself, because only authorized officers can inspect the belongings of suspects if there are witnesses.

If, accusing you of theft, the guards took other unlawful actions, you can file a claim with a judicial authority or the prosecutor's office, demanding compensation for moral damage.

The detention of a suspected person can only be carried out if the presence of reasonable suspicion is proven to him. It is necessary to record the following facts recorded by surveillance cameras:

You need to see how you approach the product and then take it;
The material value was hidden in a bag;
There must be a record of movements with stolen goods;
Confirmation of the absence of payment at the checkout is required;
The arrest is carried out immediately when the accused leaves the store.

If a person is required to immediately pay a fine for theft, he cannot agree. Before the official appointment of this preventive measure, a court hearing of the case must take place, at which the guilt of a particular person in the theft of an item will be recognized and the amount of the fine will be assigned, which must be paid, and subsequently provide a receipt from the bank to the court. If there is no evidence, the accused of theft has every chance of winning the case.

When accused of theft, the main thing is not to admit to actions that were not actually committed, and to remember the illegal measures of police officers and other persons, if they took place.

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Dmitry Leonov

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Liability for libel

Until 2012, in the Russian Federation there was only civil liability for libel. Later it became obvious that the consequences of slander are sometimes the most severe. Therefore, libel became part of criminal law. Moreover, in modern judicial practice, more and more cases are being initiated within the framework of the Criminal Code of the Russian Federation.

Illegal actions involving slander are considered by Article 128 of the Criminal Code of the Russian Federation. The more serious what a person is illegally accused of, the more serious the punishment will be.

The new edition of the article, namely its first part, provides for the following penalties in relation to slanderers:

The fine is 500 thousand rubles.
Forced labor for up to a week.

If someone has attempted to slander another person through the use of the media, the punishment becomes more severe:

a fine of one million rubles;
compulsory work – 10 days.

In some cases, slander becomes possible if the culprit has special powers and a high position in a particular company.

Here the Criminal Code provides for the following penalties:

The fine is 2 million rubles.
Work - about two weeks.

If someone decides to report information about another person that he has diseases that are dangerous to other members of society (for example, sexually transmitted or mental), which in fact do not exist, the criminal faces the following sanctions:

fine – 3 million rubles;
compulsory work – about 16 days.

The same penalties are provided for those who attempt to accuse another person of committing illegal acts of a sexual nature.

Finally, the most severe penalties are provided for those who disseminate false information that someone was directly involved in the commission of a particularly dangerous and serious crime:

Fine – 5 million rubles.
Mandatory work – 20 days.

In addition to the Criminal Code of the Russian Federation, libel is also considered within the framework of the Code of Administrative Offences, namely under Article 5.60. If, as a result of slander, the reputation and honor of the victim were damaged, within the framework of administrative law, the culprit will be punished with a fine of 1 to 500 thousand rubles, depending on the seriousness of the consequences of the crime.

Also, actions related to slander are regulated by the Civil Code of the Russian Federation, namely Article 152.

The following types of punishment may be applied to the offender:

penalties – one million rubles;
forced labor – 10 days.

Thus, depending on the intentions of the criminal, the severity of the consequences and other factors that took place during the commission of the crime, libel can be punished under the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and the Civil Code of the Russian Federation.

What is considered theft and on what grounds can one be accused of theft?

Theft is the layman's concept of the legal term "theft." According to the Criminal Code of the Russian Federation, theft is the secret taking of someone else's property or thing without the knowledge and/or consent of the owner (Criminal Code of the Russian Federation, Art. 158). Charges of theft in different situations can be brought by the employer, a stranger, roommates or even relatives. In many cases, such actions will be groundless or deliberately false.

Important: Remember that in the Russian Federation there is a presumption of innocence (Code of Criminal Procedure of the Russian Federation, Art. 14). That is, until proven otherwise, a person is considered innocent and the responsibility for proving guilt rests with the prosecution.

The grounds for bringing charges for theft of money or other material assets may include:

testimony of eyewitnesses and/or victims;
recordings from CCTV cameras;
physical evidence (for example, a personal item of the accused found at the crime scene);
financial documents related to your professional activities, etc.

Unfounded accusations unsupported by facts and reliable information will be considered a slander. A person accused of theft has the right to defend his honor and dignity in court, demanding the initiation of a case and compensation for moral and material damage.

Commentary on Article 128 of the Criminal Code of the Russian Federation

The commentary to Article 128 of the Criminal Code of the Russian Federation sets out the basic concepts associated with the offense:

The object of the offense is relations in society, the interaction of citizens, as a result of which someone’s reputation and honor suffer.
The objective side is those very actions aimed at denigrating the honor and dignity of another person, that is, the very fact of slander.
The subject is any person who has reached the age of sixteen, who had the intent, motives and desire to discredit someone's name.
The subjective side is the motives, intent, desire of the criminal to spread false information about someone. If there was no such intent, that is, the person disseminated false information without knowing that it was untrue, such an offense does not apply to libel.

The implementation of slander is directly related to the violation of the right to freedom and protection of one’s good name, granted to every citizen by the Constitution of the Russian Federation.

Slander is carried out by:

publication of false information in the media;
publishing false information on the Internet;
oral presentation of false information in the form of a speech in front of one person or group of people.

In 2005, the Plenum of the Russian Federation decided the following: libel - statements that contain information regarding illegal actions of someone that were not carried out. Such illegal actions include violations of the law, violation of the principles of morality and honor, non-compliance with ethics, traditions, attacks, violence, etc.

In addition, slander should be considered separately from deliberately false denunciation, since during denunciation the offender attempts to bring another person to criminal liability. Slander denigrates the honor and dignity of an individual.

Appeal against charges

Without evidence, they have no right to initiate a criminal case against the accused; this will be denied to the injured party. But she has the right to appeal such a decision through the prosecutor's office. The authorized person will be able to either send all materials for re-checking or make a decision to refuse to satisfy the complaint. In this case, the documents will be transferred to the police archive. A decision to initiate proceedings may also be issued. Materials may be returned multiple times until the inspection is completed properly.

If information about the theft was communicated to other persons, it is worth filing a statement of libel under criminal law. The same claim can be filed directly with the court, demanding protection of one’s honor or business reputation. But if the information from the victim was presented exclusively in a statement submitted to law enforcement officers, such accusations cannot be considered deliberately false and they are not considered slander.

The groundless initiation of a case against a truly innocent person can be appealed in court or the prosecutor's office. It is advisable to seek the assistance of a lawyer, especially if the accused is a child. The defense lawyer will do everything so that the charges against him for theft in a store or elsewhere are dropped, and the court returns an acquittal.

At the stage before investigative checks, the suspect does not yet need the help of a qualified defense attorney, but after the initiation of a criminal case, he should still attract a lawyer who can provide assistance and suggest the procedure.

What to do if you are a victim of slander?

If you have discovered false information about yourself on the Internet, in the media, or have heard somewhere some facts that do not correspond to reality, it is first of all better to talk to a legal consultant: he will tell you where it is best to turn specifically in your case.
In addition, you can contact:

To the police.
To the prosecutor's office.
To court.

To hold someone accountable for committing illegal actions, you must provide evidence: screenshots, correspondence, audio recordings, photos or videos.

Law enforcement agencies will ask you to make a statement in which you must:

indicate the name of the law enforcement agency to which you intend to file an application;
state all the facts and information related to the offense (time, place, circumstances, alleged culprit);
attach the evidence you have (screenshots, correspondence, audio recordings, photos or videos);
demand that the culprit be brought to justice in accordance with the article of the Criminal Code, Civil Code, Code of Administrative Offenses of the Russian Federation.

The statute of limitations in this case is two years. This means that if you are a victim of libel, you do not have to wait: after two years from the date of the crime, it will no longer be possible to file a claim.

What to do if you are accused of theft

If you are publicly or behind the scenes accused of embezzlement or theft of money, material assets, car theft and other unseemly acts, do not panic. First of all, it is necessary to understand on what grounds such accusations are made and what punishment will follow.

Responsibility and type of punishment for committing theft depend on the value of the stolen property:

up to 2,500 rubles – qualifies as petty theft (Administrative Code Article 7.27) and entails administrative measures, such as a fine or arrest for a period of 50 to 120 hours;
not less than 5,000 rubles – qualifies as ordinary theft (Criminal Code of the Russian Federation, Art. 158) and entails punishment under criminal law;
from 250,000 rubles – grand theft, entailing criminal liability.

If you are charged with theft from a store or other public place, your first priority is to call the police. This will allow you to avoid arbitrariness on the part of prosecutors and avoid participation in fraudulent schemes.

How to deal with a public accusation of theft

The most unpleasant situation for a person is when he is publicly accused of theft. This can happen in any public place where, in addition to you and the accuser, there are witnesses to what is happening. If you are falsely accused of theft, you will be able to prosecute the person who made the unfounded statement and receive compensation for moral damages.

If you are publicly accused of an act that you did not commit, you have the right to:

call police officers to carry out the necessary investigative measures;
contact a lawyer;
file an application to court as a private prosecution under Article 129 of the Criminal Code of the Russian Federation (Slander) or a claim for the protection of honor, dignity and business reputation (Civil Code of the Russian Federation, Art. 152).

Accusations of theft without evidence should not go unpunished, since such methods are often used by scammers who want to profit from the natural fears of citizens.

Important: If the prosecutor or police officers offer you to “sort it out on the spot,” do not agree and demand an investigation into the fact of theft.

Remember that you are not required to prove your innocence, but you can object to an unfounded theft charge brought against you.

Arbitrage practice

In modern judicial practice, there are many cases of libel, and sometimes the consequences of such actions are really serious.

Read on for some cases:

In 2014, in the Saratov region, a citizen posted information on the Internet that her husband was engaged in illegal activities related to theft, fraud and extortion. At that time, the man was looking for work. The woman mainly focused public attention on the fact that it is not worth hiring a man, moreover, it will bring great harm to anyone who decides to deal with him. However, this information was not true. As a result, the woman was convicted in accordance with Article 128 of the Criminal Code of the Russian Federation. The punishment for her was a sanction of 500 thousand rubles, as well as compensation for the man’s material expenses that occurred during the period when he was unable to find a job.
Also in 2014, in the city of St. Petersburg, a citizen, based on anger and jealousy towards his ex-girlfriend, posted obscene photographs of her on the Internet. All this was accompanied by many obscene and offensive statements addressed to her. In addition, the man reported that the girl had AIDS, which was not true. Due to the fact that the consequences of such actions could be truly serious, the accused was convicted in accordance with Article 128 of the Criminal Code of the Russian Federation. The punishment in his case was a fine in the amount of 3 million rubles, as well as compensation for moral damage to the victim.
The following case, which took place in the Moscow region, was considered within the framework of the Code of the Russian Federation on Administrative Offences. A citizen contacted one of the real estate organizations in order to find rental housing. When housing was found, an employee of the organization informed the client that the owner of this premises had problems with the law and the tax service, and accordingly, it was not worth concluding an agreement with him. This was not true, so the victim went to court, which proved the guilt of the employee of the real estate office and collected a fine from him in the amount of 10 thousand rubles.

Any actions accompanied by slander or false denunciation are punishable under criminal, civil and administrative legislation, depending on the severity of the consequences, grounds and motives of the offender. In some cases, slander leads to particularly grave consequences, which is why the offender ultimately faces criminal liability.

False accusation: article of the Criminal Code of the Russian Federation

This crime has its own elements and is considered in accordance with Article 128.1 of the Criminal Code of Russia. It states that information disseminated by the offender must be intentionally false. One should not confuse the circumstances when a person is slandered to his face and lies told about him to other people. False accusations can have punishable consequences only if they are transmitted to other people with the aim of slandering the victim.

The person who received the false information must act as a witness to the false accusation. In court proceedings, this witness will play a vital role.

Often, the victim makes false accusations and calls a slanderer a person who, according to the law, is not one. After all, no one knows whether the citizen spreading false information is sure that he is lying. And if a deliberate lie is not proven, there is simply no corpus delicti.

Simply put, you can hold a person accountable for a false accusation based on the following facts:

the presence of false negative information about a person communicated to a third party;
evidence that the violator had criminal intent and was aware that he was reporting false facts.