Procedure
We will not dwell on a detailed analysis of the composition of slander, since our website contains articles devoted to this issue.
If you have suffered from slander and want to bring the offender to criminal liability, then the first thing you should do is to submit a corresponding statement to the department of internal affairs at your place of residence.
Note!
At this stage, you should already provide evidence of the dissemination of deliberately false information that discredits your honor and dignity or undermines your reputation.
These may include leaflets, messages in or other form, including oral, to at least one person, information contained in the press (newspapers, magazines), broadcasts on radio and TV, distributed on the Internet (including all favorite social networks), set out in job descriptions and appeals addressed to officials. And of course, you should indicate witnesses who can confirm your arguments, especially those through whom slanderous information about you was disseminated.
Among other things, it is necessary to keep in mind that criminal cases of crimes under Part 1 of Art. 128.1 of the Criminal Code of the Russian Federation
, are considered private criminal cases and are prosecuted privately.
What does it mean? This means that the victim has the right to apply for criminal liability for libel directly to the magistrate, bypassing the internal affairs bodies. But in any case, it is the responsibility of the victim to collect evidence of the slanderer’s guilt and present it to the court, while criminal cases of crimes under Part.
2-5 tbsp. 128.1 of the Criminal Code of the Russian Federation , are criminal cases of public prosecution, the prosecution of which is carried out through a preliminary investigation by the inquiry body and the prosecutor's office - in court.
- lawyer
Code of Administrative Offenses - Slander your health!
The Code of Administrative Offenses (CAO RF) deals with slander by introducing Article 5.60.
According to this norm,
“ Slander , that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation... entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles .
Yes, this is really a worthy restriction for a slanderer, perhaps poisoning the victim’s entire life!
However, there are certainly special elements in the article “slander”? Yes, I have.
Let’s take a look at the state “price list” of slander.
“Slander contained in a public speech, a publicly displayed work or the media” will cost us a fine “in the amount of two thousand to three thousand rubles.”
And the pleasure of combining slander “with accusing a person of committing a grave or especially grave crime” will cost only 3-5 thousand rubles! And this is not counting all the pain that it will be for the injured party to set the wheels of justice in motion. Yes, this also won’t really frighten the culprit.
Writing and filing a statement of libel
Let us dwell a little on the procedure for filing an application for committing a crime under Part 1 of Art. 128.1 of the Criminal Code of the Russian Federation, since private prosecution cases always raise questions among citizens.
Thus, after contacting the law enforcement authorities on the application, an initial check will be carried out with interrogation of the victim, the slanderer and witnesses, information about which will be presented by the prosecution and defense.
After carrying out these actions, the verification material will be transferred to the magistrate for jurisdiction at the place where the crime was committed.
Then the magistrate will make a decision to bring the statement in accordance with the requirements of the criminal procedure law, indicating a certain date, which will be sent to the victim (the same decision will be made if the victim incorrectly draws up the statement, turning directly to the magistrate).
Note!
Before the date specified in the resolution, the victim must submit to the magistrate an application to bring the slanderer to criminal liability.
That is, this will be the second application for criminal prosecution, but this time to a magistrate. And a reference to the fact that I already wrote a statement to the department of internal affairs (when I initially applied there) would be illegal. At this stage, it should be borne in mind that the application for criminal prosecution will replace the indictment, that is, it must contain the most complete information about the charge being brought:
- about the subjective and objective sides of the crime,
- about the criminal, indicating his last name, first name and patronymic, residential address,
- the same information about witnesses.
To correctly draw up this application, it makes sense to familiarize yourself with the material of the audit conducted by the department of internal affairs, which should contain the specified information. The victim also has the right to indicate in the statement previously undeclared witnesses. After the application is accepted by the magistrate, a trial will be scheduled, during which the victim will have to prove the guilt of the slanderer.
Note!
At the stage of applying to a magistrate with an application for criminal prosecution, due to the specifics of criminal prosecution, I strongly recommend that you seek advice from a lawyer, whose assistance you will also need at the stage of consideration of the criminal case by the judge.
It should also be noted that the period for bringing the statement in accordance with the requirements of the criminal procedural law, indicated by the magistrate, is not preemptive, and the victim has the right to file the said statement within 2 years from the date of the crime, but in this case the slanderer will be released from criminal charges. punishment due to the expiration of the statute of limitations for criminal prosecution.
In the framework of a criminal libel case being investigated or considered in court, the victim has the right to file a civil claim (and in cases of private prosecution - within the framework of court proceedings) for compensation for moral damage and losses, as well as a demand for a refutation of defamatory information. The victim also has the right to file a similar claim in civil proceedings after a verdict is passed.
Note!
Refusal to initiate a criminal case for libel or its termination does not deprive the victim of the right to seek protection of his rights in civil proceedings with a claim for the protection of honor and dignity.
Slander. The Criminal Code is silent
First of all, our hand will automatically reach out to the Criminal Code of the Russian Federation. There, in the understanding of the offended person, the most severe punishment for the slanderer should have been contained.
And indeed, literally until the end of 2011, the corresponding article (129th) in the Criminal Code was contained and threatened the violator of the law with a possible fine of up to 80 thousand rubles, as well as compulsory or correctional labor.
In the same case, if the slander was associated with an accusation of committing a serious or especially serious crime (“poisoned his wife to get money”), the fine was increased to a possible 300 thousand rubles or even imprisonment for up to 3 (three) years.
A compelling argument to think about taking responsibility for your words.
However, Federal Law No. 420-FZ of December 7, 2011, as part of the declared humanization of criminal legislation, excluded Article 129 from the Criminal Code of the Russian Federation. In its place, administrative liability was introduced. Well, let's open the necessary code.
Slandered and rejected, or What to do when you are slandered in front of your boss
You had a normal, calm relationship with your boss. Suddenly everything turned upside down. He looks at you like a wolf and seems to be planning to fire you. Someone spread rumors that you are aiming for his place and do not consider the leader adequate. Experts offer six tips on how to get back in your boss's good graces.
No matter how wonderful the team is, sooner or later situations are possible when someone begins to inadequately evaluate your actions, your results, and yourself. It would be nice to just evaluate, but your colleagues are in a hurry to share their unfair and often far-fetched assessments with others, and above all with your manager. As a result, your image is sometimes distorted beyond recognition. In addition, a situation is possible when one of your ill-wishers colleagues deliberately decides to slander and slander you.
1. Find out what exactly they said about you
Before you go and stand for the truth, clarify the situation. Try to gather as much information as possible about what they said about you. At the same time, who said it will no longer be so important, since your goal is not to punish the perpetrators, but to clarify the situation. Only having a picture of possible claims against you in hand will you be able to form counterarguments. Run to the boss with the words: “Chief, I don’t know what they told you, but it’s not me!” there is no point. The boss will not understand such a move, but he will definitely have doubts about your adequacy.
2. Prepare your arguments
It is clear that you are not happy about being lied to, but there is no need to give free rein to your emotions. Your argument should be clear, laconic and unemotional. Remember that by demonstrating irritation, anger, resentment, you are grist to the mill of your ill-wishers. Therefore, having prepared your arguments, before communicating with management, enter a state of calm prudence. For some, a few deep breaths will be enough for this; for others, a 10-minute brisk walk or a cup of tea will be enough.
Even if the boss resorts to shouting and threats, do not give in. Your main task is to convincingly prove that you have nothing to do with it.
3. Have an honest conversation with your boss
Playing with an open visor is the best counterargument to intrigue and speculation. You should not count on the fact that successfully spread “correct rumors” about you will be able to erase all the negativity that has passed through the company before. Openly discuss the information that has become known in a conversation with management. The most difficult thing is to start a conversation; alternatively, you can offer to approach your manager to discuss the information that worries you. For example, you heard that someone considers you a “bad person” and says that you don’t give a damn about your boss, it’s clear that these are rumors and speculation, but you would like to discuss this with the manager to eliminate any misunderstanding.
Invite him to discuss the situation in detail, since you work closely together and any misunderstandings may affect the effectiveness of the work. Remember that your goal is, first of all, the possibility of further effective cooperation, and not just saving your positive image.
4. Discuss realistic prospects
After presenting your arguments, ask your manager if he has any suggestions or criticisms regarding your work. This discussion is not a monologue of justification, but a discussion of complex and important work issues, including your strengths and weaknesses. Yes, this discussion does not fall within the scope of formal certification and is provoked by external circumstances, but it can and should become a step towards improving the performance of you and your team.
5. Don't take revenge
Once you've finished dotting your i's, don't give in to the temptation to take revenge. Yes, the situation did not demonstrate the best qualities of your colleagues, but you must have your own rules and principles that do not allow you to stoop to the same methods. Don't be distracted by unwinding intrigues. Be effective - in the eyes of management, this is your best defense against any slander and conspiracies.
6. Save the relationship
After the manager has accepted your arguments and has become, if not your friend, then a good boss, it is important to maintain this relationship. So that ill-wishers do not have the slightest chance of harming you, you must continue to be on friendly terms with your boss. This isn't about flattering your boss, but it's worth keeping him in the loop, not just about your work, but about the mood of the entire department. Just sometimes come to your boss and share your thoughts about improving the work process. If you have a great idea, tell it to your boss. Let him even introduce her “to the top” as his own. In any case, he will understand that you are not trying to bait him, but are simply working and striving for career success, without violating corporate ethics and without trying to jump over his head. Although, most likely, the boss will retain your authorship, which will give you an advantage when he goes for a promotion.
Andrey Kurtsev
"Work"
