Article 129 of the Criminal Code of the Russian Federation - libel
Articles 129 and 130 of the Criminal Code of the Russian Federation, which established liability for libel and slander, have lost force. Instead, there is one article of the Criminal Code - 128.1.
Slander is understood as the dissemination of deliberately false information that can negatively affect the reputation of a citizen and discredit his honor and dignity.
The article of the Criminal Code of the Russian Federation for slander includes a list of aggravating circumstances for which a more severe punishment is imposed:
- publication of untrue information in the media or public speech;
- use of official position;
- dissemination of information that a person suffers from a dangerous disease;
- charge of a crime of a sexual nature;
- charge of a grave or particularly grave violation of the law.
Public insult: responsibility
Punishment for public insult to a person is established by Article 130 of the Criminal Code of the Russian Federation. According to it, the severity of sanctions for a given crime depends on its type. One of them is considered to be humiliation of the dignity of a citizen. For such an atrocity, a person faces the following punishment:
- monetary penalty of 40 thousand rubles;
- six months of correctional labor;
- year of restriction of freedom.
The second type of public insult is the desecration of a person in public speeches, in works of art, as well as in the media. For committing such a crime, sanctions against the offender increase:
- monetary recovery of 80 thousand rubles;
- 180 hours of compulsory work;
- a year of correctional labor;
- 2 years of restriction of freedom.
It is mandatory for the convicted person to carry out one of the listed types of punishment.
Liability for libel and slander
Under the article for libel and insult to personality, you can receive one of the following sanctions:
- fine up to 500 thousand rubles;
- compulsory work up to 160 hours.
Public insult in the form of slander is punishable by a fine of up to 1 million rubles. or compulsory work up to 240 hours.
The article for libel and slander also establishes punishment for using one’s official position to disseminate false information. The fine can increase to 2 million rubles, and the period of work can be up to 320 hours.
If we are talking about accusations of having a dangerous disease or committing a crime against sexual freedom, the slanderer can receive a fine of up to 3 million rubles. or work up to 400 hours.
Also, a criminal can accuse a citizen of committing a serious or especially serious crime. In this case, liability for libel is provided for in Part 5 of Art. 128.1 of the Criminal Code of the Russian Federation. The fine may amount to 5 million rubles, and the period of compulsory work may be up to 480 hours.
How to sue for libel?
To punish the perpetrators, you need to correctly assess the crime. To do this, it is important to know its distinctive features. Let's look at an example.
The object of the crime is the human right to protection of dignity, honor and reputation. The victim can only be an individual, including a deceased person. In the latter case, it is possible to initiate a case at the request of his relatives.
The article for libel implies that the person disseminates false information and knows that it does not correspond to the real state of affairs, and also understands what consequences his actions may lead to.
Note!
The crime is considered completed when the information is made public. It does not matter whether they caused harm to the victim or not.
Dissemination of information may be:
- publication on the Internet, in print;
- broadcast on radio, TV;
- presentation in characteristics of a citizen, applications addressed to an official;
- communication to someone in any form, including verbally.
If the attacker confidentially provided information and made sure that others did not find out about it, such actions do not constitute distribution.
Reports that a citizen:
- broke the law;
- deceived someone;
- behaved unethically;
- conducts business in bad faith;
- violates ethics and business customs.
It is important to distinguish between statements of fact and value judgments made by individuals. In the second case there will be no sanction.
Punishment under the article of the Criminal Code of the Russian Federation for libel and slander can be imposed from the age of 16. To qualify a crime under this standard, the direct intent of the perpetrator is necessary. If he was simply mistaken about the information he disseminated, there is no liability.
There will be no punishment under the article for libel and insult to personality if a citizen contacted the police with a report of an impending crime, which was ultimately not confirmed. In this case, the person did not intend to harm a specific person.
Reporting libel to the police
Liability under the article for libel may occur if the victim reported the crime to law enforcement agencies. In this case, a check will be carried out. Within 10 days, the police will decide whether to initiate a criminal case or issue a refusal.
A sample statement to the police about libel contains the following information:
- name of the police department;
- applicant's details and contacts;
- circumstances of the case;
- information about the violator of the law;
- list of evidence.
A statement of slander to the police must be submitted to the duty station of the nearest department of the Ministry of Internal Affairs.
Note!
If you are refused to initiate a case, you have the right to file a claim in court to protect your honor and dignity.
How to act when insulted
Public insult is defined by Article 130 of the Criminal Code of the Russian Federation as humiliation of a citizen’s honor by using offensive words in an obscene form. An offended person has the right to file a complaint against the offender with law enforcement agencies. Upon the commission of this crime, a criminal case will be opened. The court will decide on a preventive measure for the accused.
Public insult is a private accusation. A criminal case can be opened against the offender only if the victim has written a corresponding statement to the police.
It is possible to drop charges against a person only if the parties to the conflict reconcile. However, it is legal to do this only before the court goes to the deliberation room. When the verdict is passed, reconciliation between the parties will become impossible, and the sanction chosen by the court for the offender will be mandatory.
False denunciation
The Criminal Code of the Russian Federation has articles providing for punishment for types of slander. One of them is a false denunciation. The difference is that a citizen not only spreads false information about someone, but also reports it to the police. He faces one of the following sanctions:
- fine up to 120 thousand rubles;
- compulsory work up to 480 hours;
- correctional, forced labor or a term of up to 2 years;
- arrest for up to six months.
If a slanderer accuses an innocent person of committing a serious or especially serious crime, the amount of the fine may increase to 300 thousand rubles. The court also has the right to impose forced labor or imprisonment for up to 3 years.
If a criminal collects false evidence of guilt, he can go to jail for 6 years.
Article for defamation of officials
A separate article of the Criminal Code of the Russian Federation is devoted to the slander of certain officials. We are talking about slander against judges, juries, etc. The attacker faces a fine of up to 2 million rubles. or compulsory work up to 360 hours.
If a criminal slandered a prosecutor, investigator, investigator, or bailiff, the maximum fine will be 1 million rubles, and the period of compulsory labor will be 320 hours.
If a citizen not only provided false information about the listed persons, but also disclosed information that they committed a serious or especially serious crime, the fine increases to 5 million rubles, and the period of work - up to 480 hours.
Latest questions on the topic: “sometext”
What does a person face for libel if the citizen is a minor?
Hello everyone, I’ve already contacted you, I’m 29 and she’s 17, so the thing is that something incomprehensible began to happen, this girl began to show her character, what she really is, her friends began to interfere in our relationship, I I wanted to adequately talk with the mother of my friends who got into a relationship, I don’t know whether I did the right thing or not, but I want to warn you right away, Ekaterina Isaeva is the girl I wanted to date, and Chudina Svetlana is her friend and her mother’s name is the same.
The screenshot is below, if you need it in full, I’ll post the entire correspondence. Tell me what should I do? Sergey, Novosibirsk now online
Good day, Sergey. I don’t know about your previous visit to the site. But from what you write, as I understand it, you are accused of seduction, and you consider this slander. There is no liability for sexual intercourse with a girl who is already 16 years old (unless, of course, she voluntarily entered into a relationship with you). It won't be seduction. Regarding slander, I will cite an article of the Criminal Code of the Russian Federation: Article 128.1. Slander 1. Slander, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor. up to one hundred and sixty hours. 2. Slander contained in a public speech, publicly displayed work or in the media is punishable by a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to two hundred and forty hours. 3. Slander committed using one’s official position is punishable by a fine in the amount of up to two million rubles or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a period of up to three hundred and twenty hours. 4. Slander that a person suffers from a disease that poses a danger to others, as well as slander combined with accusing a person of committing a crime of a sexual nature, is punishable by a fine in the amount of up to three million rubles or in the amount of the wages or other income of the convicted person for the period up to three years or compulsory work for a period of up to four hundred hours. 5. Defamation coupled with accusing a person of committing a grave or especially grave crime is punishable by a fine in the amount of up to five million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for a period of up to four hundred and eighty hours. Just keep in mind that it is not at all easy to prove the fact of slander. Slander occurs if a person KNEWLY knew that he was disseminating false information.
Article 129. Libel
The situation is this: a man created a fake page for his ex-girlfriend, and wrote that she had a mustache and hair. Now they are filing a police report against him, what awaits him?
P,S created from my computer and sat on my own and on the fake page) And the text was like this: “I AM THE MOST BEAUTIFUL GIRL!! WITH A MUSTACHE AND HAIR ON YOUR ARM!! IS NOT IT?" Dasha, Novosibirsk is now online
Dasha, rather, there may be an administrative fine for insult, if the offended person proves it. Insult contained in a public speech, publicly displayed work or in the media entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; but this is presumably, you should know all the circumstances of the case... if it is slander, then they can initiate a criminal case (Article 128.1 of the Criminal Code of the Russian Federation) or they can refuse, in any case, going to the police is a nuisance
Personal insult in front of close relatives
One citizen, during a quarrel with my mother, told her that I lead an immoral lifestyle, or rather a drug addict, drink and cheat on my husband.
(This is a complete lie.) Thus, he caused great psychological trauma to my mother and me, insulted my honor and dignity. My sister was also a witness. I want to punish this citizen. Is there anything that can be done? Natalie, Ufa is now online
Good afternoon. There is no insult here, this is slander. RUSSIAN FEDERATION CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES Article 5.61. Insult 1. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form, entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles. Therefore, you can contact the police with a statement about prosecuting him under Art. CRIMINAL CODE OF THE RUSSIAN FEDERATION Article 128.1. Slander 1. Slander, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor. up to one hundred and sixty hours.
How to punish for slander and insults on the Internet?
My children were walking on the street with the neighbor's children.
We climbed a tree. One of the children jumped from a tree and pushed the girl (as her parents say), she fell and ended up breaking her cervical vertebrae. They accused my son, although the children all say different things. They don’t write a statement to the police, but they regularly disgrace us on the Internet. What should we do? Can they be punished for slander and insults on the Internet? Tatyana, Krasnoyarsk now online
Posting online messages that humiliate the honor and dignity of a person, expressed in an indecent form, can be qualified as an insult (Article 130 of the Criminal Code of the Russian Federation). Cases related to insult are classified as cases of private prosecution, that is, the victim has the right to apply to the court to bring the person to justice, attaching to the application evidence of the crime committed against him. The fact of insult by a specific person must be proven, as well as the fact that the posted message humiliates the honor and dignity of the victim and is expressed in an indecent form. Dissemination of knowingly false information on the Internet can be qualified as libel (Article 129 of the Criminal Code of the Russian Federation) provided that it is proven: the author of the message knowingly knew that the information was false and disseminated it with the aim of causing harm to a certain citizen or undermining the business reputation of a citizen or legal entity . Most often, such acts are qualified under Part 2 of this article - slander contained in the media.
How to punish for insult?
In judicial practice, there are rarely situations when a case was considered only under Art. 130 of the Criminal Code of the Russian Federation. Most often, cases of more serious socially dangerous acts (mutilation, beatings, rape, murder), and during the consideration, criminal liability under Art. 130 CC.
And the punishment is assigned based on the totality of crimes. This situation is connected with the process of initiating a criminal case and providing evidence, which is quite difficult for the victim . Let's look at the example of insults on a social network (from trolls, acquaintances, or anyone else).
What to do if you are insulted by obscene words on social networks?
- Write a statement on behalf of the victim/legal representative. Art. 130 of the Criminal Code refers to cases of private prosecution (the corresponding classification is provided for in Article 20 of the Code of Criminal Procedure of the Russian Federation).
- The victim in such a case acts as a “private prosecutor.”
- You will need to collect and provide evidence, find witnesses (no prosecutor or investigator will do this).
- Next, a hearing is scheduled before a magistrate.
- During the consideration of the case, you have the right to reconciliation with the victim (until the judge retires to his deliberation room). In this case, you seem to come to an agreement with the culprit (we are not talking about compensation for moral damage yet, because this is provided for by civil law!).
- A corresponding decision is made. Or, after the consideration, the court retires to make an appropriate decision in the deliberation room, leaves and pronounces a verdict.
But the problem with social networks and websites is acute in judicial practice. It is easy to sue, but to win the case is much more difficult, because the problem of proof arises.
How to prove that a specific person wrote under your photo on an avatar on a social network: “Scary cow!”? There are several options:
- There are witnesses . They saw that it was Ivanov who left the comment at the exact time and in the exact circumstances.
- You need to provide access to log files confirming that it was at that moment that witnesses saw that Ivanov left an obscene inscription.
- You need to provide the culprit and victim pages . This is the easiest way, but sometimes even screenshots have to be sent for examination.
It is precisely because of the problems of collecting evidence (+ legal scholars have questions about when exactly to consider a crime completed) that judicial practice under Article 130 of the Criminal Code of the Russian Federation is quite “stingy”. Not all lawyers work with this category of cases. In 2022, there were very few cases under this article.
How to prove that you were insulted by obscene words in a group on social networks?
For example, you were actively communicating in the community, and then someone named “Serokuzkin” left an insult addressed to you.
There are 2 nuances here:
- It is impossible to hold the abstract account “Serokuzkin” accountable because there is no subject. You can only bring to justice an individual whose age, psychological state and full name are known.
- The insult must clearly indicate that it is addressed to you , and not to “Masha-Rasteryasha” or some other abstract nickname. This means that the culprit must directly write: “Maria Sergeevna Petrova, born on March 30, 1991, living in Moscow on the street. Kosmonavtov 5, you are a cow!” It’s only with this wording that we can talk about the presence of an insult addressed to you, and not to another member of the community.
Moral damage in accordance with the norms of the Civil Code also raises difficulties. You can file a claim for compensation for moral damage caused to you during the consideration of a criminal case or after a ruling or other act of the court is issued.
To bring to civil liability, you will need to prove the fact of insult and your suffering (physical and mental) caused by it; calculate the approximate amount, collect evidence, witnesses and file a claim.
