False accusation is an intentional offense, but both parties have the right to defend their position. And although at first glance it seems that libel cannot be regarded as a serious crime, this is far from the case.
Yes, a false accusation does not lead to an immediate negative effect; its main consequence is moral damage. However, moral harm can become the starting point of physical problems and health problems.
This is why false accusation is a criminal offense. To file a libel suit or defend against false accusations, you should enlist the help of an experienced attorney. Only interaction with a qualified lawyer will lead to the desired result - the satisfaction of a claim for moral compensation or the removal of all false accusations.
Do you want to figure it out, but don’t have time to read the article? Lawyers will help
Entrust the task to professionals. Lawyers will complete the order at the cost you specify
27 lawyers on RTIGER.com can help with this issue
Solve the issue >
False accusation slander and slander
slander - slander, 1 l. units part slander (tslav.), ukr. libel, slander, art. glory slander λοιδορία (Supr.), slander διαβάλλειν, Bulgarian. slander, Serbohorvian libel, Czech. slander, slander, gossip. slvts. klebeta. From peck, peck; see Bernecker 1, ... ... Etymological Dictionary of the Russian Language by Max Vasmer
Slander - Speech * Aphorism * Loquacity * Literacy * Dialogue * Slander * Eloquence * Brevity * Scream * Criticism * Flattery * Silence * Thought * Mockery * Promise * Witness * ... Consolidated encyclopedia of aphorisms
slander - Libel, libel, slander, slander, slander, slander, slander, slander, slander, slander, defamation, insinuation, slander.
What to do if you are accused of libel?
Both direct and reverse situations under the article for false slander and slander require correct qualification. In a situation where you are accused of slander that did not occur, you should first contact the person who filed the complaint. If the reason for the accusation was a simple misunderstanding, then litigation can be avoided.
If the plaintiff insists, then each party must carefully prepare for the process. The applicant should collect:
- information about the dissemination of false information by the guilty person - written and oral testimony of witnesses, video and photography, links to the media and Internet resources, etc.;
- prove that the information is false, discrediting honor and dignity;
- confirmation of a conscious lie on the part of the accused, which is the most difficult to prove.
On the part of the perpetrator, the following will be required:
- if the accusation concerns a public speech, then original recordings should be used that can help resolve the conflict;
- when accused using an official position, it will be necessary to prepare documents on the case, justifying each of them from the point of view of legislation;
- if the disseminated information became known from third parties, then it is better to declare this immediately, securing the words with available evidence - filming of conversations with the date of recording, witness testimony, etc.
If an accusation of slander is deliberately fabricated, then it is obviously false. This also affects the honor and dignity of a person, and therefore qualifies under Article 128.1 of the Criminal Code of the Russian Federation.
You can file a counterclaim under the same article under which the defense/accusation occurs. Despite the apparent simplicity of the conflict, it is better to involve experienced lawyers in the case who will help prepare materials and evidence, and also provide defense in court.
Moral damages for libel
Slander (slander) is the dissemination of false information that discredits the dignity and honor of a person or seriously undermines his reputation. Accordingly, when charging, evidence must be provided that the disseminator of such information knowingly knew that the information was false. Evidence of the consequences of slander (slander) is undermining a person’s reputation, or otherwise discrediting his honor and dignity.
We recommend reading: Relinquishment of property in favor of a spouse
Ways to avoid punishment
You can avoid criminal liability for false accusations if:
- In court, the defendant’s ignorance of the fact that he disseminated false information will be proven;
- Before the judge leaves for the deliberation room, reconciliation will take place between the parties involved in the case.
Attention! The statute of limitations for cases of liability for libel is 2 years.
Judicial practice on false accusations of the Criminal Code of the Russian Federation in the Russian Federation is just beginning to take shape, which is due to the difficulty of proving the guilt of the slanderer. Thus, in 2014, courts of general jurisdiction brought to justice only 129 people.
Search project
(5) ALKIM; (9) ANTRECPOSIS; (9) ACHSOCHYTOSIS; (8) BARMALEY; (8) FISHLESS; (10) BOKLEVSKY; (6) VYAZEL; (7) HEAD ; (3) HOUSE; (3) JOR; (5) IZVET; (10) INSINUSATION; (4) KAMA; (8) CASTORKA ; (5) PORRIDGE ; (4) CASH ; (4) BITTING; (5) PICKING ; (5) KLEVE; (7) SLABEIT; (7) CLAVEN; (6) CLOVER ; (12) CLOVER GRUTTER ; (7) LIBEL; (9) Slanderer; (11) TO SLAMMERS; (10) Slander; (6) KLEVETS; (9) Slander; (5) COOL; (6) PIEK ; (7) SLAVERET; (4) BEAKE; (13) COMPROMETATION; (7) HEMP; (7) MAN ; (5) LIBEL; (7) TALK; (10) TELLER ; (6) PICKING ; (6) HARDENING ; (10) WRONG; (6) NESTOR ; (6) DISCLAIMER ; (4) EAGLE; (8) LAMPWILL ; (10) LAMP; (10) PEKLEVANOV; (6) LIVER; (6) Slander;
We recommend reading: Is it possible to exchange clothes without tags?
5 letter answer: ALCIM - In the Bible - an unworthy Jewish high priest who slandered Judas Maccabee before King Demetrius Soter, and thereby caused many disasters to the Jews
4 letter answer: BITTING - Meeting a fish with a hook; Zhor at the hole; A fisherman's dream; What does the float “loom” for the fisherman; Fish trying to dine on bait; Reason for hooking the fisherman; Fish “feast during the plague”; The most exciting moment of fishing; Good fishing; Grabbing bait; It's fishing that's a goal in the stadium
6 letter answer: CLOVER -.
Article of the Criminal Code of the Russian Federation libel
Just a couple of years ago, liability was provided for under Art. 129 of the Criminal Code of the Russian Federation. In 2022, the punishment for intentional libel is interpreted as amended by Art. 128.1 of the Criminal Code of the Russian Federation.
Note!
Slander means the dissemination of deliberately false information that discredits the honor and dignity of a person.
Corpus delicti
In order for liability to arise for false accusations and slander, the crime must be established. False information can be transmitted in any known way:
- Internet posting and public speaking;
- press in the media;
- deliberate transfer to third parties of forged documents discrediting a person’s honor for the purpose of publicly advertising them;
- demonstration of fake photos, videos, works, etc.
The main criterion for qualifying a person is that the distributor transmits false information consciously, understanding its lies and intentionally causing harm to a person.
In other situations, you can be held accountable, but under the articles of the administrative code.
What is not libel?
It is necessary to distinguish a real threat of liability under the Criminal Code of the Russian Federation from an unintentional insult and harsh statements addressed to an opponent. What is not recognized as slander and false accusation:
- if a person disseminates false information, the authenticity of which he sincerely believes;
- expressing negativity in person is also not slander, since it is not conveyed to the masses with the aim of humiliating a citizen or discrediting his honor, but is pronounced directly, which may be a consequence of an emotional outburst at the time of a quarrel;
- dissemination of negative facts that characterize a person from the bad side, which are not false, but can characterize a character trait or personal data of a citizen.
Regardless of the form of statements, it is extremely difficult to prove the presence or absence of slander. In this case, you should have strong evidence of your innocence both in case of accusation and to protect your interests.
Note!
Prosecution can only be made if two facts are proven: the information was passed on to third parties, the criminal had malicious intent and was aware of the falsity of the information.
Do you have any questions?
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
- Request a consultation using the form
on our website - Or just call the number: 8 800 350-83-74
Article 129
shall be punishable by a fine in the amount of fifty to one hundred times the minimum monthly wage, or in the amount of the wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a period of one hundred twenty to one hundred and eighty hours, or by corrective labor for a term of up to one year.
shall be punishable by a fine in the amount of one hundred to two hundred times the minimum monthly wage, or in the amount of the wages or other income of the convicted person for a period of one to two months, or by compulsory labor for a period of one hundred eighty to two hundred and forty hours, or by corrective labor for a term of one year. up to two years, or arrest for a term of three to six months.
Self-incrimination
Importantly, falsely accusing yourself is also a criminal offence. The condition for bringing to responsibility is that self-incrimination has confused or could have confused the consideration of the case and misled the court.
Punishment for a citizen will be determined for a false denunciation (for example, a person confesses to a crime that he did not commit) or for giving false testimony (for example, when providing incorrect information during interrogation in a courtroom).
A specialist will answer your questions in the comments to the article
Where to file a libel claim?
Punishment for a false accusation can only be achieved if there is strong evidence. In accordance with the Criminal Code of the Russian Federation, libel is a private crime. It is possible to bring the guilty person to justice only after a statement from the injured party.
If there are no aggravating circumstances, then you should file a claim in the magistrate’s court, having first collected a package of documents:
- a statement that can be written independently or under the guidance of a lawyer, which is the most correct decision;
- provide key evidence - witness statements, video and audio recordings;
- a claim for compensation for moral damage – filed at the request of the injured party;
- copies of documents of all participants in the process, including witnesses.
In cases where the crime is classified under parts 2-5 (with aggravating circumstances), you should contact the prosecutor's office or the police at your place of residence. Law enforcement agencies conduct a pre-investigation check, following which a criminal case is initiated and sent to court.
How to protect yourself from slander
First of all, libel should not be confused with personal insult. The latter is the deliberate humiliation of a person. The purpose of insult is to cause moral harm. Moreover, such statements often have no connection with reality.
Slander is a deliberate accusation of a person that he has committed some discreditable act. The danger of slander is that it is presented as reality. That is, a person spreading defamatory information is trying to convince others that he is telling the truth.
Accordingly, the victim will have to refute such statements by proving their falsity. And problems can arise with this, because sometimes a person simply does not have evidence that he did not do anything.
To convict your opponent of disseminating slanderous information, you must do the following:
- Find witnesses. In practice, eyewitnesses can be found in almost every case. If you spend enough time searching, there will always be a person who can confirm that a citizen is right by testifying in his favor.
- Prepare an evidence base. In this case, any evidence will do. These can be videos, letters, audio recordings, photographs, screenshots of correspondence in the messenger, etc.
- Contact a lawyer. If the problem is serious, then legal assistance will help avoid false accusations. An experienced lawyer will be able to build the right line of defense by finding holes in the opponent’s testimony.
If accused of having a disease
Often, the final goal of a slanderer is not to point out the defamatory act of his opponent, but to prove that he poses a danger to society. And the easiest way to do this is to accuse a person of some contagious disease. It could be coronavirus or HIV infection. In addition, a person may be accused of having a mental disorder, which can negatively affect his personal life and career.
Many citizens, hearing such accusations, panic. However, it is not difficult to prove slander in this case - you just need to go to the hospital for an examination and get a conclusion about the absence of the disease. Next, you can go to court by filing a lawsuit against the slanderer.
Apart from a certificate confirming physical or mental health, nothing will be needed in this case. In court, the offender can be required to reimburse both the costs of the examination and compensation for moral damages.
How to defend yourself against criminal charges
You should approach the issue of defense more responsibly if a person is accused of committing a crime. First of all, you need to enlist the support of a lawyer. An experienced lawyer will prevent his client from making a mistake by helping in collecting evidence and organizing a defense. The outcome of the case largely depends on the actions of the lawyer. Therefore, such a specialist should be chosen wisely.
The second important step is cooperation with the investigation. If a citizen is accused of a serious crime, then the investigator will necessarily conduct numerous checks in order to establish the truth. Therefore, the suspect will definitely be asked for clarification. And it is advisable for the latter to willingly give evidence, take an active part in all proceedings, showing initiative.
Being a suspect in a criminal case is serious. Many citizens, confident in their innocence, rely entirely on the work of the investigative authorities. However, to avoid punishment, it is not enough to be innocent, because the investigation often makes mistakes. Therefore, a citizen must do everything possible to divert suspicion from himself. To do this, you need to independently look for evidence and eyewitnesses. Any evidence of innocence will be useful: video, audio, documents, screenshots of Internet correspondence, etc.
