Knowingly false denunciation (Article 306 of the Criminal Code). Difference from libel

A common feature of slander and false denunciation is the provision of false information. These concepts are similar to each other, but differ in the elements of the crime and the consequences. You need to know the difference between a knowingly false denunciation and slander, because these are not the same offenses. Let's look at the features of each of them, and also conduct a comparative analysis.

Main characteristics of deliberately false denunciation and slander

A knowingly false denunciation is a report to the police, court, customs service, tax and other law enforcement agencies about a crime that has not been committed. Also, there may have been an offense, but the accused person was not involved or played another role in it. Moreover, the informer knew in advance that he was providing false information.
Denunciation can be either in writing or orally. In the first case, a message is sent, which can be open or anonymous. In the second situation, the citizen is charged in the presence of law enforcement officials. These include the following authorities: investigative authorities, prosecutor's office, tax service, police, investigative authorities, customs.

The danger of a false denunciation is that the time of law enforcement officers is wasted, or the investigation is directed in the wrong direction. An innocent person who has been accused of committing a criminal act may also suffer. There are different reasons for false denunciation, for example, revenge, the desire to avoid responsibility, selfish goals. In any case, misinformation to the police and other authorities is illegal.

Slander is the dissemination of false information that discredits a person’s good name and tarnishes his reputation. The slanderer has one goal - to affect the honor and dignity of another citizen. Again, reasons such as hostility, revenge, pursuit of profit, and personal motives can lead to such an act.

Important! Slander can concern various information, not just crimes committed. For example, information about dangerous diseases, unpleasant events from the past, betrayal, etc. may be disseminated.

The danger of this act is that due to unreliable information, a person can lose his job, family, and even become an outcast in society. However, no administrative or criminal case will be initiated against him, because the slanderer does not file a report with the police.

How to prove the fact of slander?

In order to prove slander, any methods and evidence may be suitable. Here are the most effective of them:

• Video recordings
  . Videos confirming the fact of slander can be the best confirmation of guilt.
• Photos
  . It is quite problematic to somehow record the fact of defamation in a photo, but this will be a good way to confirm guilt.
• Testimony of witnesses
  . It would be good if among the people where the slander was spread there would be a witness of the plaintiff.
• Printed documents
  . When slander was spread through the media, then they can be used for evidence.

Even if there is the slightest evidence, the court will take up the case. Specialists will conduct an appropriate investigation, after which the defendant will be able to bring the defendant “to the surface.”

Crimes

Not all people understand what it means to convey false information about a citizen or to slander.
These situations have common points associated with unreliable information. However, the difference is quite large, in particular, the difference concerns the penalties provided. But first, let’s look at the elements of criminal acts to make it easier to understand the difference between the concepts. Knowingly false denunciation:

1. The subject is a sane person who is over 16 years old.
2. The subjective side is direct intent. The person is clearly aware that he is providing false information to law enforcement officials.
3. The object is the social relations that allow the court and the preliminary investigation to function normally.
4. The objective side is a report of a crime committed using false data.
5. The crime will be considered completed as soon as law enforcement agencies receive a report of the offense.

It is worth understanding that the scammer must know in advance that he is providing false information. If the citizen assumed that the act had actually been committed, or that a specific person was guilty, then criminal liability is excluded. Because a false denunciation was made through negligence.

Slander:

1. The object is the honor and dignity of an individual.
2. The subject is a person who is 16 years of age or older. The citizen must be declared sane.
3. The objective side is the dissemination of false data. They can be said during a public speech, published in the media, on the Internet, broadcast on television, or stated orally to at least one person.
4. The subjective side is direct intent. The slanderer understands that the information is false and that its dissemination will harm the reputation of another citizen.

You can already understand how false denunciation and slander will differ. Another question is what responsibility is provided for such actions. After all, punishment under the article cannot be avoided if the offender is found guilty.

Arbitrage practice

Due to the difficulty of proving intent to cause harm to a person’s honor and dignity, as well as the rather thin line between knowingly false information and honest misconception, the practice of courts in libel cases, in most cases, is not in favor of the victim. Example: Appeal ruling of the Supreme Court of the Republic of Crimea in case No. 22-952/2017 - there is no corpus delicti in the case, the fact of dissemination of knowingly false information in order to discredit a citizen has not been proven).

In addition, since this offense relates to crimes of private prosecution, it can be completed in connection with a settlement agreement or the failure of the private prosecutor to appear in court without good reason. Thus, the Salsky City Court issued an appeal decision to terminate proceedings on charges of libel due to the failure of the victim to appear without a good reason (case No. 10-6/2017 of 05/02/2017).

Conclusion

Despite the complexity of proving and bringing the perpetrator to punishment, liability for libel is an important regulator of public relations (especially in the public sphere), since the state defends the good name of any citizen, preventing him from becoming the object of unfounded, false attacks from ill-wishers.

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Penalties provided

For false denunciation, a person will be convicted under Article 306 of the Criminal Code of the Russian Federation. Without aggravating circumstances, he can be fined up to 120,000 rubles, assigned to useful work for 480 hours, assigned to correctional activity for 24 months, arrested for six months, sent to prison for 24 months. If the accusation was of a serious or especially serious crime, a fine of up to 300,000 rubles, or forced labor, or prison of up to three years is imposed. When creating evidence artificially, forced labor is imposed for up to 5 years or placed in prison for up to 6 years.

They can be convicted of libel under Article 128.1 of the Criminal Code of the Russian Federation. In the best case, a person will be able to get away with a fine of 500,000 rubles to 5,000,000 rubles. They may also be subject to compulsory work, the maximum period of which is 480 hours. The severity of the punishment depends on the specific situation.

[edit] Notes

1. Russia has introduced criminal penalties for libel
2. The ex-Prosecutor General of the Russian Federation initiated a criminal case against the URA.RU journalist

Comparative analysis

Based on the information described above, a person should already be able to distinguish crimes. But for convenience, we will additionally consider what the differences will be. The denunciation is sent to law enforcement agencies or made in the presence of representatives of the law. Slander is not addressed to the police, tax, customs, etc.

Reporting of information is carried out in order to bring the accused to justice. The circumstances of the alleged violation must be indicated. The slanderer only wants to discredit the dignity of the citizen. These are the main signs by which offenses can be distinguished.

Is it possible to contact the police or prosecutor's office regarding libel?

A victim of slander can file a complaint with the police, after which law enforcement officials will consider it and make a decision whether to initiate a criminal case or refuse.
The decision will be made within 10 days, but due to unforeseen circumstances this period may be extended. If the case is considered further, it is transferred to the magistrates' court. Obviously, for further proceedings it is important to submit a competent statement to the police. A sample document is available.

If you want to receive compensation for libel, but avoid litigation, you can file an application with the prosecutor's office. However, in some cases, the case is sent to court, and then an employee of the prosecutor's office represents the interests of the victim, acting as a state prosecutor. applications are offered here.

to Article

VK st. 306 of the Criminal Code of the Russian Federation, a knowingly false denunciation is interpreted as an act deliberately aimed at misleading the justice authorities. As a rule, the guilty person sends a statement to the police or to the court, where he provides obviously false information, thereby forcing the authorities to waste time and material resources of the state on committing a crime that does not exist in nature. In addition, a false denunciation may affect the interests of other participants in the case, victims or witnesses, which will also cause damage to the overall investigation.

The corpus delicti of a knowingly false denunciation is formed erroneously and becomes the reason for initiating further investigation or legal proceedings.