Sample statement of libel to the police department in the Republic of Belarus

Libel has always been a criminal offense. The exception was a short period when legislators decriminalized the composition and introduced administrative liability. However, after some time it was returned again in a more detailed version. Knowing how to prosecute for slander, a citizen who has suffered from the actions of a “well-wisher” who slandered him will still be able to punish him within the framework of the law.

Where to file a claim for libel

In case of defamation, you can file a complaint with the police. The victim has the right to contact any department where it is convenient for him. After the employee has accepted the application, one of two possible decisions is made:

refusal to initiate a case;
excitation.

Please note that you can file a complaint not only by personal presence at the police department, but also by leaving it on the department’s website. If you decide to submit an application in person, you must be given a coupon indicating the registration number of the document, as well as the date of its acceptance. This paper may be required in cases where you need to prove the fact of the application.

You can write a complaint to the judicial authorities. In this case, the appeal must take place in the magistrate's court. The paper must be drawn up in accordance with established norms and rules reflected in the legislation. In order to avoid mistakes in the application, you can use the developed template or seek help from a professional lawyer. Most often, libel cases are considered in court, where victims demand compensation for moral damage. The procedure for consideration is similar to that for insulting a person.

In addition to filing a claim with the court or the police, it is possible to contact the prosecutor's office. In this case, the individual will be held accountable without trial. In some cases, when compensation for harm caused is required, a prosecutor represents the interests of the victim in court.

What is libel in the Criminal Code of the Russian Federation?

Defamation does not include exactly what in most cases people take for it, so it is worth understanding this concept based on the Criminal Code of the Russian Federation. According to it, libel is the dissemination of deliberately false information that discredits the honor and dignity of other persons or undermines their reputation.

In the given term, its individual words carry a semantic load.

The legislator put the following essence into them:

Falsity is understood as the discrepancy between information and real data;
information that is known to the perpetrator as inconsistent with the actual situation is recognized as known;
You can distribute data in any way through the transfer of information to one or more people;
Defamatory information is those facts about a person that present him or her to others in a negative image.

Note! Only if all the signs are present can we talk about the existence of such an offense as libel, which may entail bringing the guilty person to justice under the Criminal Code.

To recognize a crime, the following characteristics must exist:

the perpetrator must be over 16 years of age;
the victim and the slanderer are individuals;
a direct form of intent is established (the slanderer is clearly aware of the illegality of his actions, is warned about the negative consequences and has as his goal their occurrence for the victim).

How to compose correctly

It is necessary to draw up a statement regarding the fact of slander correctly so that the receiving body does not return the document to the applicant, leaving it without consideration.
There is no specially developed template in legislative acts in accordance with which a complaint must be filed. On the territory of our country, not only Russians, but also citizens of other countries, including Ukraine, Belarus, Kazakhstan and others, can complain about violations of their rights. Regardless of where the application is submitted, it must begin by indicating the full name of the body to which the applicant is sending the document . In the case when it is the police, you must indicate the unit you will be contacting and the details of its chief. The same rules must be followed when going to court or the prosecutor's office.

It is not necessary to write a statement to the police at home, that is, you can make it right at the police station. In this case, the employee who accepts the application will tell you how to write it correctly or provide a sample document. Compilation is based on the following data:

Writing down the specific circumstances under which the dissemination of data that does not correspond to reality occurred. You need to indicate the method that was used by the perpetrator to humiliate your dignity.
It is considered necessary to note that the data that has been distributed is not valid. The applicant must indicate that the data is defamatory and discredits him as a person.
If you are complaining about a specific person, then the document must indicate his details, including last name, initials and address. When a complaint is written against a group of people, information about each participant is indicated.
At the end of the form there must be the date of compilation and the signature of the applicant.
A note is made that it is possible to hold the author of the complaint accountable for false denunciation. The person must sign to acknowledge these provisions.

Important! When submitting an application to a judicial authority, it is necessary to comply with the document form established by law.

In this case, it is necessary:

the name of the judicial body that will review the material is indicated;
the details of the applicant and the respondent are entered;
the circumstances of the incident are described in detail;
the evidence base on which the accusation will be based is indicated;
if compensation for moral damage is necessary, appropriate evidence must be involved.

The complaint must be accompanied by a document confirming payment of the state fee.

Enter the site

Sample statement to the police. A statement of slander presupposes the fact of the commission of actions against a particular person that are recognized as socially dangerous and affect his honor and dignity.

How to be held accountable for libel? Application to court for libel Lawyer online The plaintiff from Moscow files an application to the court for libel, the defendant lives in Sochi, Where will the trial be held? Where was the claim filed? In Moscow, the right of first filing of an application in Sochi at the defendant’s residence address. What is the claim about?

If it is about compensation for moral damage, then it may be at the plaintiff’s place of residence. Where would it be more correct to file a complaint for libel, to the court or to the police.

And will it be possible to justify yourself? Only to court to court Which country anyway? Where should I go to court for slander? Or to the police? St for libel now? The article has been removed. Read the Criminal Procedure Code of the Russian Federation yourself for me. And be careful with the answer from above.

To the magistrate's court, as a private prosecution. How can you be sued for libel during a trial? What statements are needed? Submit a reasoned request. If it is satisfied, the court issues a ruling: “No way!” The court does not have the right to take upon itself actions that fall under the prerogative of the investigation - the court’s business is to judge, but not to initiate!

And second: in criminal matters. Is it possible to file a lawsuit for slander written against me by the prosecutor's office? But no one will consider this nonsense in court. In these cases, criminal prosecution on behalf of the state is carried out by the prosecutor, investigator and interrogating officer, therefore the application for the commission of such crimes must be submitted to these persons, and not to the magistrate.

Maximum penalty for libel contained. Russian legislation provides. Slander, that is, the dissemination of deliberately false information that discredits the honor and dignity of another person or undermines his reputation, is punishable. What is libel and what is the criminal liability for this crime.

How to sue for libel. How to prove libel and hold you accountable for it. Sample application to the court. Statement of slander to the prosecutor's office. Do I need to sue for libel? If there are only neighbors who were inspired with slander and a statement to the prosecutor's office? You shouldn’t get involved, it’s not a fact that they’ll take on your case, you’ll have to run around more and spend more nerves and money. Can I sue my friend for libel?

You can, write a statement, sign witnesses and submit, they will also pay moral damages for mental suffering. A visit to a doctor will also play a role, insomnia due to nervousness, a lawyer will do everything. Completely ignore and continue to live with your family. Forgiving and forgetting, crossing out is hard, but the investigation and settling of scores, the search for some evidence, witnesses, this is a continuation of mental ordeals, is probably even harder.

How to write an application to the court for a taxi? Libel Most likely you need to go to court with a statement of claim to protect your honor and business reputation. Don’t forget about moral damage either. If you have documents that undermine your reputation, then go to court under Art. Can I counterclaim for defamation? A neighbor filed a lawsuit against me in the magistrate's court that my dog bit him, I have a sv. You can file a counterclaim in court for libel, or you can write a complaint to both the police and the prosecutor's office for the dissemination of knowingly false information by your neighbor!

What are dog teeth on the body and witnesses Challenge the results of the examination. Let the court appoint an independent expert. This will not be a counterclaim.

This is a statement to the prosecutor's office, since libel is an administrative penalty for now. Can I write a statement to the police or somewhere else!? You can write for libel and bring it to court, but you’ll just waste your nerves and time. You'd better ask your husband about it if you can't forgive. Take care of the health of your unborn baby. The application must be written to the district. Why was it that some priest filed a lawsuit against the magician.

Allegedly, he stole the priest’s soul. I can’t give the link right now. I read it a long time ago. Sounds like atheism. I'm expressing my opinion because... I was sued for causing material damage. I won the trial. How to sue them for defamation.

What was the slander? The fact that you have been sued for causing property damage? So, I may disappoint you. The right of citizens to submit applications to state bodies and local governments. Pretends he didn't read You don't get down on all fours and start barking when a dog barks at you. They don't sue the truth! Putin doesn’t care, because he has the court and corruption in his pocket, and that’s all, starting with Vyborg.

What is the article for libel and what is the penalty? Don't give a stupid person any honor. Submit a statement to the court, and that’s it. Moreover, it seems that this article, without a police investigation, goes straight to court, under Art. Liability for libel is established by an article of the Criminal Code of the Russian Federation. Help me write statements to court for libel. I can't find a sample on the Internet. Do such samples exist? Each time someone is insulted in a different way. State the situation that offended you so much. Name the characters who offended you.

And what kind of punishment you demand for them. Don't write much, but the most important thing. Dont be upset. Please tell me what to do if you have been sued for libel??? Find as many witnesses and documents as possible to prove that you are right; slander still needs to be proven. Make it so that they will now sue for serious assault. Where to file a statement for libel? Depending on the nature and severity of the crime committed, criminal prosecution and prosecution in court are carried out in private, private-public and public procedures.

The prosecutor has the right to initiate proceedings in a private case. A libel claim in the magistrate's court, is it a criminal or civil case? Does this matter when writing a statement of claim? Criminal procedure due to the fact that Article 5. In accordance with the Criminal Code of the Russian Federation, libel is initiated by police officers when filing an application, the court will most likely send the case to the police anyway!

So there is no need to file a lawsuit. A claim for the protection of honor and dignity can be filed with the magistrate, this is a civil case, or a private prosecution for libel, this is a criminal case. But there is no such thing as a libel suit. Well, yes - depending on what you ask. Of course it does, because the defendant in a lawsuit in court constantly lies.

Attaching evidence

Before filing a complaint under Article 128.1 of the Criminal Code of the Russian Federation, it is necessary to collect evidence. Examples of these could be:

printout of SMS messages that you have received;
detailed data on incoming calls;
screenshots of pages that were distributed on the Internet;
testimony of witnesses (they may be neighbors or other persons who were present when false information was disseminated);
materials that are in written form;
evidence that the information circulated is false.

Evidence is indicated after the descriptive part of the application. They are formatted as a list.

Criminal liability

The liability implied for reporting knowingly false information is described in Article 128.1 “Slander” of the Criminal Code of the Russian Federation. Relatively recently, such cases were considered within the framework of civil proceedings.

Let's look at what sanctions can be applied to persons convicted under this article at the present time:

For slander without additional characteristics, the convicted person is punished with a fine of five hundred thousand rubles or compulsory work in the amount of 160 hours. An example of such a crime is the disclosure of defamatory information orally or via electronic messages.
Spreading rumors on a large scale threatens the violator with a fine of up to a million rubles or 240 hours of work. This category includes slander disseminated on television, radio or the Internet, on resources equivalent to the media.
If slander is spread using the official position of the violator, he may face fines of up to 2 million rubles or labor service for up to 320 hours. For example, the head of an institution slanderes his former employee to the management of competitors, and this prevents the victim from finding a new job.
If a person slanderes a non-existent dangerous disease of the victim, he faces punishment in the form of a fine of up to 3 million rubles or compulsory work of 400 hours. This part of the article implies the same punishment for misleading others that the victim has committed unlawful acts of a sexual nature.
Dissemination of knowingly false information about the actions of the victim, which can be qualified as grave and especially grave crimes, is punishable in the most severe manner, provided for in Article 128.1 of the Criminal Code of the Russian Federation - a fine of up to 5 million rubles or 480 hours of work.

Fines are collected from the wages or other income of convicted persons within a certain period of time. The larger the fine, the more time the citizen is given to pay the amount of money.

It is worth noting that money can be recovered from the distributor of slander for moral damage caused or (if business reputation was damaged due to the dissemination of false information). To do this, it is necessary to attach the corresponding statement of claim to the case.

Submission order

The complaint is filed directly at the police department or prosecutor's office.
When applying to a judicial authority, you must submit an application to the office. If a law enforcement agency provides the opportunity to submit an appeal via the Internet, this can be done on the official website of the relevant department. In any case, the receiving person must provide the applicant with a document confirming receipt. In the police this is a coupon; in the prosecutor's office, as a rule, the officer who received it makes a note on the second copy of the complaint, which remains with the author. The court issues a receipt indicating the documents transferred. If it is necessary to return them in the future, issuance without this paper cannot be made.

How to calculate material losses

As a rule, the person who has suffered from libel suffers material losses. The offender is obliged to compensate them. To do this, a civil claim for material damage is added to the initiated case. The amount of the claim must be justified. Therefore, at the moment when a decision is made to protect rights with the help of law enforcement agencies, you need to set a goal - to obtain financial documents that ensure success in court.

These include:

An invoice, a cash receipt from the clinic, if the citizen sought advice from privately practicing psychologists, psychotherapists and other specialists.
Prescriptions, receipts from pharmacies for drugs prescribed to alleviate the consequences of a traumatic situation, relieve psychosomatic disorders, bills for treatment in a sanatorium, and so on.
Other documents confirming monetary expenses associated with a damaged reputation, for example, expenses for moving to another locality, for publishing a refutation in the media, and so on.
Legal expenses, such as attorney fees.

It is important that all financial costs are directly related to the consequences of the crime. .

How to write a statement to the police for libel, sample RB

It is difficult to find a person who has not encountered slander and insults at least once in his life. This phenomenon has become so firmly established in our lives that in everyday life few people even pay attention to it. Recently, cases of dissemination of defamatory information on the Internet have become more frequent. At the same time, in some situations it is not possible to remain silent and forget about slander. This could be a situation in which ill-wishers informed a wide range of people that the victim has a dangerous disease or has committed a crime, for example, of a sexual nature. Note!

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!

Statement of libel to the police and prosecutor's office

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Remember me? Forgot your password? Lawyers on the site. New events Useful resources. Your opinion is important. Rating of lawyers. Grigory Stefanovich Old-timer Rating: , Vasily Professional Rating: , Latest messages. Your question, in my opinion, is multifaceted. It all depends on the specific circumstances. I will try to emphasize, starting with the main thing. Under no circumstances give money without any written confirmation of its receipt. There is a big risk, h Good afternoon!

You can fight for the amount of damage. There are nuances associated with assessment. Write to Viber Latest topics. Voting right. Online now. There are currently no registered users on the site! Flash Player is required to display the block. Reference information for the category Housing Law. Last reply in the topic: User Newbie Rating: 0.80 Messages: 0. Slander of neighbors. Let me describe the situation a little. For 1. years, a neighbor living on the floor below has been complaining to various authorities, the police, the housing service, the tax inspectorate and others, that in the apartment where my mother, a pensioner, and my older brother, who is often absent from home, live, furniture is being produced for several months, there is constant noise at night, that the apartment has equipment for furniture production, etc.

Naturally, representatives of all of the above services repeatedly came with checks, interviewed other neighbors and naturally found nothing. Everyone would be fine, but for my mother, such visits are constant stress. After such visits, she starts taking pills for headaches and blood pressure. Please tell me if it is possible to write a statement to the police about slander of a neighbor, if it’s not difficult, an example of such a statement, and if recognized by the court, then write a statement about compensation for moral damage?

Or maybe there is some other way!? I don’t particularly want “blood”; after all, the neighbor is also a pensioner, but she can’t continue like this anymore. Please suggest solutions. User Newbie Rating: 3.80 Messages: 4. In particular, this can be slander in a telephone conversation, slander on social networks, slander in writing: notes, inscriptions, letters, etc.

First, for protection, the victim should write a corresponding statement to the police department at the place where the offense was committed. The application will be considered and submitted for execution to the local police inspector, who will call the applicant and witnesses, if any, for questioning. The guilty person will also be called to the police and questioned. You can also punish the offender for slander by contacting the prosecutor's office with a corresponding statement, which will be investigated.

How to find witnesses and collect their testimony?

We have already written that before filing a statement of libel, enlist the support of a lawyer, witnesses and collect evidence. So, the search for witnesses will become the main stage of your preparation for the trial.

Witnesses must testify to the court under oath in favor of the victim, i.e. confirm that the defendant disseminated false information about him that discredited his reputation.

At the moment, when considering such cases, the court allows the use of the “repetition” rule, so do not despair if one or two witnesses appear on your side. The “repeat” rule implies an almost 100% repetition of a situation that arose at least once. For example, if it is proven to the court that the accused at least once disseminated unflattering information about the victim among his acquaintances, then the judge will be able to allow repeated slander on the part of the defendant.

The “repeat” rule implies an almost 100% repetition of a situation that arose at least once. Therefore, be prepared for the possibility that the perpetrator may continue to spread false information.

So, where to look for witnesses who could confirm slander on the part of the accused (you will need to indicate all of them when you write a statement of slander):

At work, study: colleagues, classmates, service personnel, etc.;
At home: neighbors, friends;
On the street: passers-by, workers in public places.

If people you don’t know (a bartender in a cafe, a taxi driver, etc.) could witness the slander, then try to find them (come to your place of work, advertise on social networks), and record their testimony about what they remember and whether they saw slander in the words of the accused. The best option would be to record the testimony on video camera and invite witnesses to testify in court.

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How to write a statement to the police for libel, sample RB

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If information has been disseminated about you that does not correspond to the real state of affairs, which discredits your honor and dignity, as well as your good name, obviously, you have become a victim of a criminal act provided for by the Criminal Code of the Russian Federation. We are talking about criminal libel. To bring a slanderer to justice and to protect one’s own name, it is necessary not only to correctly classify criminal actions, but also to prove guilt using evidence. So, today we will tell you how to prove libel in court and where to write a statement about the crime. Thus, unfounded information should be disseminated in the following ways:. The criminal article also provides for aggravating circumstances related to the signs of a crime: If you have become a victim of slander, then first of all you need to seek protection of your rights, since in this case your honor and dignity suffer. The victim of a criminal attack is very worried, experiences anxiety and stress - all characterize moral damage. Therefore, if law enforcement authorities refused to initiate a criminal case or an acquittal was rendered, the victim always has the right to bring a civil claim.

Is it possible to sue for libel without witnesses?

As we have already found out, testimony is the best way to prove the fact of the spread of lies in society. But what to do if there are no eyewitnesses or they do not want to participate in the trial? In this case, you will need to obtain other evidence. Unlike witness statements, they require examination and notarization.

A statement of slander without witnesses must be supplemented with:

Data from a linguistic examination of the slanderer’s handwriting (for example, if the lie was conveyed through letters);
Virtual media with information about the nature of the charges (obscene language, deliberate distortion of facts, verbal and physical attacks).

Even if you do not have witnesses, but there is audio, video and printed evidence of the slanderer’s guilt, law enforcement agencies or the prosecutor’s office are obliged to accept the statement. Similarly, you can go to court and demand compensation.

Punishment for defamation of a person - procedure for bringing to justice and sample statements

What is the crime

Creating and disseminating deliberately false information about facts from the life of another person with the aim of harming him is the brief essence of the crime. It should be distinguished from defamation, which is a mixture of fiction and truthful information, while slander is deliberately false.

To make punishment for slander possible, the information must be:

false;
cause moral suffering, humiliation, and infringement of rights.

For example, wanting to take a higher position, a colleague spreads rumors that the person occupying it was caught in theft or theft, and cases of theft of material assets of employees began to appear in the company. In such a situation, we can talk not only about moral suffering, but also about real damage caused by dismissal.

Representatives of law enforcement and other agencies that protect the law stand apart. There is a special article for slander and insult against them.

Special attention should be paid to insults. It can often be confused with slander. However, if the information was transmitted directly, then the offender can only be punished under the Code of Administrative Offences.

Which authority should I contact?

How to prosecute for libel and where to go? The police and the magistrate have the power to prosecute. The composition in question refers to cases of private prosecution, which means that the victim himself initiates the process by contacting law enforcement agencies. But only the courts punish in criminal cases.

Speaking about the police, a reservation should be made; they deal with cases when:

the offender is unknown;
the action falls under Parts 2-5 of Art. 128.1 CC.

In ordinary cases, it is recommended to file a statement of libel in court. A sample of it can be viewed below.

Resolution of the Plenum of the Supreme Court of the Russian Federation: what is libel?

Before going to the police station, you need to determine exactly whether the actions of the person you accused were slander and a desire to “tarnish” your reputation. The Resolution of the Plenum of the Supreme Court of the Russian Federation will help you with this.

According to this document, the following actions and methods of distribution fall under the article of libel:

Publications in the media or on the Internet. For example, articles and publications with defamatory materials based on false data;
Video reports on television;
Radio messages;
Public speaking, reports;
Writing characteristics and other official papers with a false description of a citizen;
Dissemination of slander in a citizen’s immediate circle or among his business partners.

In addition, the Plenum of the Supreme Court also identified aggravating circumstances, in the presence of which the punishment for libel becomes more severe:

Use of public tools (media, Internet, Television);
Slander and distribution of false materials by an official using his official powers;
Slander about a citizen having a disease that is dangerous to the people around him. For example, about the presence of HIV infection;
Dissemination of information about a criminal offense allegedly committed by a citizen (grave, especially grave, or a crime related to sexual harassment). Especially using public tools.

Unfortunately, the police may refuse to accept a statement of slander due to the personal reluctance of employees to waste time on matters that are useless to them. If this happens, then you should submit an application to the prosecutor's office, simultaneously writing a complaint there about the inaction of police officers.

Before filing a claim for libel, study the relevant article of the Criminal Code and enlist the support of a lawyer. An initial consultation with a lawyer is available free of charge on our website.

How to write a statement

Depending on where the application is addressed, the name of the court or the head of the police department is indicated. If the paper is sent to the prosecutor's office, they will not refuse to accept it, but will forward it to the police for further consideration.

Below is information about the applicant, full name, address, contact details. The name of the document is given: a statement of liability for libel.

In the main part of the statement, the citizen describes in detail how he was slandered with examples and evidence. If the culprit is unknown or there is only partial information regarding him, this fact must be highlighted. At the same time, you can ask to establish his identity. In relation to offenders on social networks, the page address is additionally entered.

If there are witnesses with important information, their full names, telephone numbers and addresses are indicated.

At the end of the document, the applicant asks to initiate a criminal case under Art. 128. 1 of the Criminal Code of the Russian Federation.

Charges for slander of a person are filed immediately in court if the actions of the slanderers do not contain the signs provided for in other parts (2-5) of Art. 128.1 CC. The sample application practically corresponds to the document described above, addressed to the police. It is not necessary to use forms; the appeal is drawn up in free written form while maintaining the structure: header, description of the crime, petition part, attachments, date, signature.

When deciding how to file a lawsuit, you should remember that it is currently possible to send documents in electronic form, as well as in person, by mail and courier.

How to properly file an application to court

If you want to punish your offender for slander, you should immediately contact the district court. In fact, a crime such as libel, Article 128.1 of the Criminal Code of the Russian Federation, is considered after filing a statement of claim, but in this case it is quite difficult to do without the help of a specialist. You can submit an application to the police, where employees will be required to review it and become familiar with all the nuances. After which, within 10 days, a decision is made whether to initiate a criminal case or refuse to initiate it.

The application must be very competent, so it is best to entrust its preparation to a lawyer. If you need to punish the offender, but without a trial, you can send a statement to the prosecutor's office. An employee of the prosecutor's office will be able to familiarize himself with the case and act as a defender of the interests of the injured party in court.

How will the culprit be punished?

What punishment will follow for the culprit depends on the actions he committed:

An ordinary lie without aggravating circumstances is punishable by a fine or mandatory labor. Additionally, information about a criminal record will remain in the person’s history;
dissemination of defamatory information through the media (newspapers, magazines, radio, TV, blogs, advertisements) doubles the sanction compared to the previous one (fine up to a million, work up to 240 hours);
the use of official position will cost more in every sense - 2 million rubles;
for misleading people about the presence of a dangerous disease, a sanction equal to 3 million rubles will follow;
for lying about committing a crime, serious or especially serious, the fine can reach 5 million rubles.

In addition to the fine, the victim can file a statement of claim within the framework of civil proceedings and recover from the offender monetary compensation for the damage caused, moral and material.

Responsibility and punishment

The type and extent of liability for libel is determined by specific article 128.1 of the Criminal Code of the Russian Federation.

The article identifies five different types of crime, differing in their composition and responsibility:

information is disseminated that affects the honor and dignity of a citizen, his reputation;
public slander (through the media, at public demonstrations of works, as well as speeches);
committing slander while using a position in the service;
false information is disseminated about the victim having a disease that is dangerous to others, or false information about a citizen committing a crime of a sexual nature is transmitted;
fictitious data are disseminated about the commission of a crime by a citizen (classified as grave or especially grave).

Important! The material component of the sanctions provided for such a criminal act as libel is quite serious - in extreme cases, the fine reaches five million rubles. . The Criminal Code of the Russian Federation also has a separate provision defining liability for perpetrators who slander officials (Article 298.1)

The Criminal Code of the Russian Federation also has a separate provision defining liability for perpetrators who slander officials (Article 298.1).

Punishment in this case awaits persons who have spread slander against judges, prosecutors, jurors, inquirers, investigators and bailiffs in connection with the conduct of a trial, preliminary investigation, execution of a sentence or other court decision.

Who can legally answer for libel? Criminal legislation determines that any person over 16 years of age (subject to his legal capacity and full sanity) can act as a subject of a crime.

Sample statement of personal insult.

What the punishment for libel will be is determined by five different circumstances (according to the number of individual parts of Article 128.1 of the Criminal Code):

Part 1. Establishes liability for simple slander - the fact of transmitting false data regarding a citizen if they damage his reputation or hurt his honor (dignity). For such actions, a fine is provided - up to 500,000 rubles or in the amount of the culprit’s six-month income. Another type of punishment is compulsory work. The maximum duration that can be awarded is up to 160 hours;
part 2. Public form of slander. When criminal acts are contained in speeches, demonstrations of works, and disseminated through the media. The culprit under this part faces a twice as large fine - up to a million rubles (or the amount of annual income). The second option for sanctions is mandatory work. Here their duration was extended to 240 hours;
part 3. A crime is committed by a person when he abuses his official position. Penalties are also doubled and imposed in the amount of up to two million rubles (as an option - income for a period of up to two years). The duration of work for this part is also longer - up to 320 hours;
part 4. This type of crime is formed if false information is disseminated against the victim about the presence of a disease that poses a danger to other people, or about the commission of a crime of a sexual nature. Penalties for this part reach up to three million rubles (or the amount of income for a period of up to three years). They may also assign a mandatory type of work lasting up to 400 hours;
part 5. This composition is the most serious. We are talking about slander against a person accusing him of a serious (especially serious) criminal act. Such actions threaten the offender with a fine of up to 5,000,000 rubles. (as an option – in the amount of income for a period of up to three years). The second type of punishment is compulsory labor lasting up to 480 hours.

In order to avoid imposition of punishment for libel, the parties have the opportunity to reconcile during the consideration of the case in court.

Another possible option for excluding liability is to prove the fact that the person was unaware that the information he transmitted was unreliable.

Attention!

How to prove

Gathering evidence is an important and difficult stage. The quality of its development will determine the success of the entire enterprise. It is permitted to use any materials containing information confirming the fact of dissemination of information and refuting its content. For example, screenshots of pages on social networks, certified by a notary, confirm the fact of dissemination of information, and an additional certificate received refutes the content of the sent messages.

It is acceptable to use SMS messages, audio recordings of conversations, witness statements, printed publications, if the information is printed.

Is it possible to do without witnesses?

Yes, you can get by, but things will be more difficult. Firstly, you will have to independently record information coming from the mouth of the accused that discredits your reputation. And secondly, collecting as much documentary evidence as possible, which is quite difficult to do in such an “intangible” issue as slander.

You can use:

Dictaphone;
Audio player;
Mobile phone.

Sometimes materials for linguistic examination may be required so that experts can determine whether the accused disseminated written, false information or not. For example, if there is a suspicion that, for example, the accused’s blog was hacked and the slander came from a third party hiding under the face of the accused.

To do this, experts will examine:

Audio recordings of the accused’s conversation on various topics to study the accused’s speech, his intonation, and the use of obscene words;
Papers, letters, diaries and other records for studying handwriting;
Articles and publications in newspapers, magazines, blogs and social networks - to study the linguistic features of the accused’s speech (common phrases, phrases, construction of phrases);

So, if you cannot attract witnesses to the case, and a statement of libel has already been filed, try to present the following evidence:

Clippings from printed publications, if the media were used for slander;
Active links to the site where defamatory materials are located and there is an indication of the author;
Recordings from a device for audio and video recording.

If police officers are confident that the slanderer has a motive and a desire to discredit the honor and dignity of the applicant, then they themselves can attract experts and solve the crime without involving witnesses.