Due to a number of life circumstances, every person is periodically subjected to verbal attacks. And sometimes the showdown ends in accusations. The most offensive thing is to become unfairly accused. However, there is also a certain danger in false accusations, for example, if a person is wrongly suspected of committing a crime.
In such situations, you should not panic. The main thing is to maintain composure, calmly insisting on your innocence. It is important to think through every word here, because any incorrect comment can result in a number of problems. Below we will talk about how to properly respond to false accusations.
Sample statement to the police libel knowingly false denunciation - questions for a lawyer
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. 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.
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:
- The subject is a sane person who is over 16 years old.
- The subjective side is direct intent. The person is clearly aware that he is providing false information to law enforcement officials.
- The object is the social relations that allow the court and the preliminary investigation to function normally.
- The objective side is a report of a crime committed using false data.
- 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:
- The object is the honor and dignity of an individual.
- The subject is a person who is 16 years of age or older. The citizen must be declared sane.
- 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.
- 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.
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.
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.
In a similar way, the victim is insulted, and her task is to show that the action was carried out precisely for such a purpose. The burden of proof rests on the injured party.
That is why, in the absence of evidence of false fabrications, it is better not to declare the protection of one’s own rights, since in the event of an acquittal, the defendant may file a counterclaim demanding compensation for moral damage.
One of the most important tasks in proving libel is finding witnesses. They will be required to testify under oath in court in favor of the victim.
If none are found, you should postpone the proceedings for a while and expect a second slanderous attack, this time being prepared for it. If a crime is committed at work, witnesses can be colleagues, at home - relatives, friends or neighbors.
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.
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.
note
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.
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.
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.
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.
- Important
- 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.
Law of misrepresentation in criminal proceedings
One of the systemic problems of law enforcement remains the issuance of a guilty verdict based solely on the testimony of the parties - oral information provided by participants in criminal proceedings.
Of course, as evidence in accordance with Art. 74 of the Code of Criminal Procedure of the Russian Federation allows the testimony of the suspect (accused), victim and witness. The Code also provides for some mechanisms regulating the use of oral information provided in the process of evidence. Yes, Art. 75 of the Code of Criminal Procedure includes as inadmissible evidence the testimony of a suspect (accused), given by him during pre-trial proceedings in a criminal case in the absence of a defense lawyer, including cases of refusal of a lawyer, and not confirmed by the suspect (accused) in court, as well as the testimony of a victim or witness based on guess, assumption, rumor, including testimony of a witness who cannot indicate the source of his knowledge. Article 77 of the Code of Criminal Procedure prohibits the prosecution of a person who has admitted guilt if his guilt is not confirmed by the totality of evidence in the case.
The law also obliges the verification of evidence during the process of proof. According to Art. 88 of the Code of Criminal Procedure, such a check is carried out (by the inquirer, investigator, prosecutor, court) by comparing the evidence with those that already exist in the criminal case, as well as identifying their sources and obtaining other evidence that confirms or refutes what is being verified. Each such evidence is subject to assessment from the point of view of relevance, admissibility and reliability, and all collected evidence is collectively checked for compliance with the criterion of sufficiency for resolving a criminal case.
The reliability of evidence is its compliance with objective reality, admissibility is the legality of collecting evidence, recording it and attaching it to the case file, and relevance is the relationship of evidence to a specific criminal case.
If a criminal case with an indictment is sent to the court, the latter, based on the collected and examined evidence, issues a verdict or other judicial act. According to current legislation, common sense and the principles of fairness, a court decision must be legal, reasonable, fair, logical, understandable and clear. Based on the collected evidence, the court, making a decision in accordance with Art. 299 of the Code of Criminal Procedure decides whether it has been proven that the act of which the defendant is accused took place and it was he who committed it, as well as other issues related to the correct qualification of the act, the application of punishment or release from punishment. The final conclusion of the court must be proven, beyond doubt and therefore not requiring further justification.
However, are the specified mechanisms regulating the use of oral information communicated in the process of proof sufficient to make factually justified and consistent with the principle of “verifiability” court decisions in criminal proceedings? Is oral information provided to the investigation and court sufficient to accuse and convict a person of committing a crime?
To answer these questions, let us consider in more detail the essence and nature of oral information and testimony, including traces of a crime, which act as evidence of one or another circumstance in a criminal trial.
From traceology it is known that traces of a crime are any changes in the environment that arose as a result of the commission of a crime. Traces of a crime, in turn, are classified into material and ideal. The first includes “imprints” of the event on any material objects: objects, documents, the body of the victim, etc. Ideal traces are understood as imprints of an event in the consciousness and memory of the criminal, victim, witnesses and other people.
As is customary in legal psychology, in order to correctly assess “ideal traces,” which include oral information and testimony, the investigator “needs to adequately reflect the positions and real awareness of individuals and create psychological prerequisites for information communication.”
In this case, situations may arise when the person being interrogated:
- has the required information, but hides it;
- has the necessary information, but deliberately distorts it;
- does not have the required information;
- conscientiously conveys information, but it is not adequate to reality (due to distortions of perception and personal reconstruction of the material in the subject’s memory)1.
Thus, it is almost impossible to obtain reliable information from oral information without distortion, even if the interrogated person is conscientious in its transmission: it may still not correspond to reality, since it always passes through personal subjective perception and personal reconstruction (distortion of the material in the subject’s memory).
The law of information distortion is applied and taken into account in practice in various areas of human life. In particular, it is actively used in management psychology. The essence of this law is that the meaning of information that is of a “managerial” nature (directives, orders, instructions, etc.) can change in the process of transmission and movement “from top to bottom.” The degree of distortion of meaning is directly proportional to the number of channels and transmission links: the more employees gain access to information and transmit it to other people, the more the final meaning differs from the original. In addition, it is worth noting that information can change in the direction of either understating the reliability of facts or exaggerating them.
The reasons for the distortion of information are various. Among the main ones are, firstly, the polysemy of the language in which management information is transmitted. No matter how strict or precise the concepts used, there is always the possibility of different interpretations of the same message, due to differences in education, intellectual development, professionalism of the subjects and characteristics of the objects of management. Secondly, incomplete information. If the information is incomplete or access to it is limited, and the need of subordinates to obtain operational information is not fully satisfied, people inevitably begin to speculate, supplement what they know, relying on unverified facts and their own guesses. The level of qualifications of the employee presenting the information, the presence of emotional stress (fear of punishment, anger, envy, etc.) or prejudice towards the persons or phenomena about which the information is being transmitted are also important2.
Thus, taking into account the law of distortion of information, passing a conviction on the basis of only oral information provided by the participants in the process, or only ideal traces of a crime in the absence of material ones, is incorrect and unacceptable, since such an approach is highly likely to lead to a miscarriage of justice. Borrowing terminology from traceologists, we can conclude that in order to establish the objective truth in a case, checking one ideal trace with another ideal trace is clearly insufficient. Only with the help of material traces of a crime is it possible, in my opinion, to verify ideal traces and actually comply with the principles of verifiability, evaluation and reliability of evidence enshrined in the Code of Criminal Procedure.
I believe it would be advisable to enshrine such an approach when checking evidence by law. Due to insufficient legislative regulation of the application of the principles of sufficiency and verifiability of evidence, situations may arise in practice that could lead to miscarriages of justice. In particular, in the case of a confrontation between persons whose testimony is contradictory, there are no material traces of the crime, and the investigator, using his discretionary powers, takes as a basis information that is “convenient” for the prosecution; or when the court, in the absence of material evidence, accepts as the basis for a guilty verdict the testimony of the participants in the trial on the part of the prosecution, and rejects the testimony of the participants on the part of the defense, citing the fact that the accused provided false information in an attempt to avoid punishment, and the court has no reason not to trust the victim .
I also believe that it is unacceptable to use only one source of information – oral – to prove guilt. In practice, there is an approach when the testimony of the victim, in the absence of other material evidence, is simply “replicated” into other types of evidence - such as, for example, “confrontations” conducted using the discretionary powers of the investigator, “verification of testimony on the spot,” “additional interrogations” . Thus, formally the list of evidence in the case increases, but in fact the source of information is the same, and in the absence of other material data, it is impossible to verify the accuracy of the information provided by the victim.
Without in any way belittling the importance and role of testimony in criminal proceedings, I would like to draw the attention of law enforcement officers that, taking into account the law of distortion of information (distortion of perception, personal reconstruction of material, concealment, intentional distortion), testimony (oral information) is only possible versions and directions for inspection and investigation. The veracity and adequacy of oral information can only be verified during an investigation using material traces of the event.
To prove an event in the criminal legal sense, as well as to establish a cause-and-effect relationship, in addition to the ideal ones, it is necessary to find material traces (physical evidence, audio and video recordings, forged documents, fingerprints, biomaterial, shoe prints, bodily injuries, etc.). d.). For an objective investigation, if necessary, you should contact specialists and experts.
The process of proof is a complex intellectual work, but its results must be clear, indisputable, verifiable and correspond to objective reality. Modern science has a sufficient arsenal of means for collecting material evidence and methods for checking ideal traces, which, if used correctly, should solve the main problems of criminal proceedings enshrined in Art. 6 Code of Criminal Procedure. Criminal prosecution and the imposition of a fair punishment on the perpetrators correspond to the purpose of criminal proceedings to the same extent as the refusal to prosecute the innocent, releasing them from punishment, and the rehabilitation of everyone who has been unreasonably subjected to criminal prosecution.
In conclusion, I would like to recall that even the ancient peoples of the world did not perceive oral information as categorical truth and subjected it to verification in the administration of justice, although often in barbaric ways. If there is insufficient evidence, the criminal prosecution of a person should be terminated, and this should not be perceived as a mistake in the investigation, since termination of criminal prosecution due to insufficient evidence is a civilized norm.
1 Enikeev M.I. Legal psychology: textbook. St. Petersburg, 2004.
2 Cherednichenko I.P., Telnykh N.V. Psychology of management: textbook. Rostov-on-Don: Phoenix, 2004; Mitin A.N. Psychology of management: textbook. M.: Wolters Kluwer, 2010.
Persecution of a person: article of the Criminal Code of the Russian Federation
If a person, in addition to slandering a citizen, also violated the secret of private life, private correspondence, then at the same time he will be judged under other articles.
A knowingly false denunciation is characterized by the following characteristics:
- a person reports a crime that did not actually happen. It does not matter what kind of offense we are talking about: criminal, administrative or violation of tax legislation;
- a person reports the name of the perpetrator of a non-existent crime. If the applicant claims that the offense was committed by persons unknown to him, then the authority’s employees cannot conduct the required investigation. In this regard, it is impossible to establish the fact of a false denunciation;
- a person reports a crime to law enforcement agencies. If a citizen simply told a story to his friend, then this will not be considered a denunciation, since investigative authorities are not involved in the process.
If a person falsely accuses a citizen of committing a crime in the media, talks about a non-existent crime to third parties, then such an act is slander, and punishment for it is provided for by another article of the Criminal Code of the Russian Federation.
Important! It does not matter how the person reported the crime: verbally or in writing. The main thing is that law enforcement officials began an investigation and opened a case against an innocent citizen.
If a person is accused of slander
Let's say a person publicly announced the activities of another citizen. As a result, the latter accused him of slander. It should be understood that slanderous statements can result in criminal penalties under Article 128.1 of the Criminal Code of the Russian Federation. If such a crime was committed without a qualified personnel, then the culprit will be able to get off with a fine of up to half a million rubles or compulsory labor.
It’s worse if the slander was spread through the media or published on the Internet. Then the punishment for the culprit will be more severe - he can receive up to two years in prison.
Therefore, accusations of libel should not be ignored. First of all, you need to figure out exactly what statements outraged your opponent. Perhaps he is simply bluffing, inventing a non-existent reason.
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It should be remembered that slander always implies malicious intent. That is, a person must not only spread deliberately false information about an opponent, but also want to ruin his reputation. That is, the culprit must initially know that the information he expressed is untrue. If a person did not know about this, believing that he was telling the truth, then it will not be possible to bring him to justice. In this case, there is simply no corpus delicti.
However, the absence of direct intent will also have to be proven. Therefore, we need to start collecting evidence. If we are talking about public speaking, then the following evidence will help restore justice:
- recordings of performances;
- witness's testimonies.
If a citizen is accused of slander using his official position, then he should be provided with the originals of decisions and documents, justifying the information contained in them.
What to do if the accusations are justified
If a citizen really accused another person of some action, then he will have to fight to the end. The main task in this case is to prove that the charges are justified. That is, it is important to convince the court that everything said is true.
It is worse if the slander actually took place. But in this case, too, not all is lost. As mentioned above, in order to be held liable for libel, it is necessary to prove the presence of direct intent. That is, punishment is possible only if the slanderer knew that he was telling a lie.
Therefore, it is important to prove that the person did not know that he was disseminating false information. Let's say he received information from a source he trusted, and therefore he himself was misled. In this case, the slanderer becomes a victim, and therefore it will not be possible to accuse him of committing a crime.
What is not libel
Not every information presented as slander actually is. For example, the following information will not be defamatory:
- Expressed to the opponent's face. In this case, information is not transmitted to the masses with the aim of discrediting the citizen, but is expressed directly. However, such actions may still be considered slander if such accusations were made in the presence of strangers.
- Concerning the personal qualities of a person. That is, calling an intelligent person a fool does not mean slandering him. Yes, such information will be false, but in essence it is an insult, not slander.
- The person who spread the false information was confident in its accuracy.
It should be understood that, regardless of the situation, proving the existence of slander is still a task. In this case, strong evidence will be required both to bring charges and to protect your interests.
To bring a person to criminal liability for libel, two factors must be present simultaneously:
- information was transferred to third parties;
- the criminal understood that he was spreading false information and wanted negative consequences for the victim.
Corpus delicti
A knowingly false accusation of a crime undermines the foundations of justice. After all, the object of the encroachment in this case is the normal functioning of the investigative bodies. By providing false information or tampering with evidence, the subject interferes with the natural course of the process, which leads the investigation to erroneous conclusions, and the court to unlawful decisions.
The additional object is the honor and dignity of the person against whom the false denunciation is directed.
The informer's information may be either completely or partially false. For example, an informer can report a crime that was not committed at all, or distort the facts and course of an event and accuse a completely innocent person of a crime that actually occurred.
The subject of a criminal act may be brought to criminal liability under Art. 306 of the Criminal Code of the Russian Federation upon reaching the age of sixteen.
To initiate a criminal case, an applicant who knowingly provides false accusations must have intent, which consists of deliberately misleading investigators. Practice shows that it is extremely difficult to prove intent in the actions of a person providing false information. Namely, its presence is one of the main qualifying criteria necessary to initiate a case under Art. 306 of the Criminal Code of the Russian Federation. Russian legislation provides for serious liability for knowingly false accusations.
The informer's motives for providing incorrect information are clarified during the investigation, but cannot affect the qualification of the article.
Liability for false accusation
When a person is knowingly falsely accused of a crime, the applicant accuses a specific person of committing illegal actions, although he is sure that this information is not true. If we are not talking about a specific case, but in general terms (for example, a citizen says that some official, taking advantage of his official position, takes bribes, but does not give a specific example), then the crime under Art. 306 of the Criminal Code, is not formed. A statement of this nature can only be qualified as slander.
An accusation against someone made through the media is not considered a false denunciation. In this case, we are talking about slander.
The actions of a witness who knowingly gives false information are also not subject to qualification under Art. 306. In this case, a special article 307 of the Criminal Code is applied, which provides for punishment for false testimony.
Responsibility for a false denunciation of a terrorist attack in the Criminal Code comes under Art. 307 of the Criminal Code of the Russian Federation
If a person suspected (accused) of committing a crime slanders an innocent person, thus trying to shift the blame for his own act, then the qualification criteria of Art. 306 of the Criminal Code of the Russian Federation is absent from his actions.
Part 1 provides:
- a fine of up to 120 thousand rubles;
- arrest up to 6 months;
- imprisonment, the maximum term under this part does not exceed 2 years.
Part 2 provides for punishment for falsely accusing an innocent person of committing a crime considered grave or especially grave. In this case, the accused may face:
- fine. Its size in this case ranges from 100 to 300 thousand rubles;
- imprisonment (up to 3 years).
According to Part 3, the act is qualified if the crime containing the signs provided for in Parts 1 or 2 was accompanied by falsification of evidence. The disposition of this part provides for up to 6 years of imprisonment.
Article 306 of the Criminal Code of the Russian Federation provides punishment for knowingly false denunciation. It consists of three parts. Each provision defines the degree of crime and establishes minimum and maximum penalties.
Based on the first part of Article 306 of the Criminal Code of the Russian Federation, a person guilty of knowingly false denunciation may suffer the following punishment:
- a fine of up to 120 thousand rubles;
- deprivation of all income of the convicted person for a period of up to a year;
- 2 years of correctional labor;
- 480 hours of compulsory work;
- six months of arrest;
- imprisonment for up to two years.
Please note! For knowingly falsely accusing a person of committing a grave or especially grave crime, a slightly different punishment is provided:
- a fine from one hundred to three hundred thousand rubles;
- deprivation of a person of all existing official income for a period of one to two years;
- 3 years of forced labor;
- imprisonment, which is limited to three years.
If the applicant not only reported a non-existent crime, but also confirmed it with artificial evidence, then the punishment will be harsher:
- 5 years of forced labor;
- 6 years in prison.
It should be noted that if artificial evidence is created by falsifying documents, then the applicant will be tried under another article of the Criminal Code of the Russian Federation.
Corpus delicti
The applicant will be held liable for a false denunciation only if the elements of a crime are present. This means that the violation must meet several rules.
These include:
- there is a subject of the crime. That is, the applicant spoke about the crime of a specific person, as a result of which the agency employees began an investigation and discovered that the applicant had slandered the so-called “criminal.” It must be said that if a person declares a non-existent crime that he allegedly committed himself, then the act will not be classified as a false denunciation;
- there is an object of crime. That is a criminal case. For example, the applicant reports a violation of public order or an attack on him. And after checking, it turns out that such an offense did not actually occur;
- the objective side of the matter is observed. This concept is explained by the fact that the applicant reports a non-existent crime, signs the necessary documentation provided by employees of the investigative structure;
- there is a subjective side to the issue. This concept is explained by the fact that the applicant has the direct intent to slander a person. For example, he is angry with a citizen, wants to create problems, or is simply trying to get rid of him in this way.
The main role in bringing charges for a knowingly false denunciation is played by the fact that the person slandered a specific citizen.
A criminal case under Article 306 of the Criminal Code of the Russian Federation is initiated only after the innocence of the person accused on the basis of the statement has been proven.
In this case, investigators are obliged to:
- terminate the case initiated at the request of the person who reported a non-existent crime;
- initiate a new criminal case under Article 306 of the Criminal Code of the Russian Federation against the informer.
If you find out about the fact of reporting a non-existent crime committed by you, you can safely go to the investigator and write a counter-statement about a false denunciation.
Harassment in the workplace.
There is no single application form. However, it must be drawn up taking into account several important rules.
These include:
- Fill out the header, where you indicate the name of the structure where the application is being submitted, as well as the full name of the head of the department. The personal data of the applicant, his full name, residential address, place of registration, as well as telephone number are also reflected here;
- In the text of the statement itself, describe the essence of the claim. You need to indicate exactly what crime you are accused of and who did it;
- Below is a request to terminate the case against you. Provide legal justification for the requirement;
- The date of the application, the applicant’s signature and a transcript of the autograph are reflected below.
If you have material or written evidence that you have been slandered, attach it to the application, and indicate the list in a separate list.
Attention! The application will be registered within three working days from the date of its submission. Investigative authorities are required to initiate a criminal case under Article 306 of the Criminal Code of the Russian Federation within 10 days after registration of documents.
It should be noted that the application can also be submitted remotely:
- fill out an application on the official website of the Russian Ministry of Internal Affairs;
- send an application by Russian Post by registered mail with notification.
Each of the methods has its own power and can be used by any citizen of Russia or non-resident of the country.
If the person who committed a false denunciation against you was convicted under Article 306 of the Criminal Code of the Russian Federation, you have every right to demand compensation for moral damage from him. To do this, you will need to obtain a court decision, draw up a statement of claim and submit it to the district or city court.
Limitation periods
The statute of limitations is the period after which the perpetrator of a crime can be held accountable. There is a list of crimes for which there is no statute of limitations. However, Article 306 of the Criminal Code of the Russian Federation is not observed here.
It must be said that for minor crimes the statute of limitations is 2 years. Thus, it is possible to bring a person to justice under Article 306 of the Criminal Code of the Russian Federation only within two years after the commission of the offense.
Important! When filing a claim in court, you need to consider the following points:
- be sure to indicate the name of the court;
- reflect the details of the plaintiff and defendant (telephone number, full name, residential address, registration);
- describe the circumstances of the case, without getting personal or moving away from the topic;
- reflect a specific request for compensation for moral damages;
- Always put the date the claim was written and put your signature.
Attach to your application copies of documents that can prove the fact that a deliberately false denunciation was made against you.
If you yourself cannot participate in the process, entrust the solution to the problem to your trusted person. To do this, issue a notarized power of attorney.
How is false accusation punishable?
Punishment follows if it is proven that false information has been disseminated, which does not confirm that a person has committed criminal acts, but falsely discredits him. If it is proven that the criminal was aware of his lie, he faces forced labor of up to one hundred and sixty hours. Also, the violator may be punished with a fine of half a million rubles.
If deliberately false information has been spread about you that you have committed a serious offense, you can go directly to court. The offender can be punished with forced labor for a period of two months or pay a huge fine of about five million rubles.
Self-incrimination (falsely accusing yourself) is also classified as a crime, because it can confuse the matter and mislead the court. For such a violation, a citizen may be punished as for false denunciation or giving deliberately untruthful testimony.
Compensation for moral damage
It was noted above that a deliberately false accusation of committing a crime is carried out by contacting the authorities with a message containing information that does not correspond to reality. In this case, the method of transmitting information is not important: it can be communicated either orally or in writing.
Typically, such criminal actions by an informer cause serious harm to the honor and reputation of an innocently accused person. Therefore, any person who has become a victim of a false accusation has the right to file a civil lawsuit in court and demand compensation for moral damage. Art. 152 of the Civil Code provides grounds for such an appeal. The amount of compensation depends on the severity of the damage caused. The court will familiarize itself with all the materials and order payment of damages in an amount that fully corresponds to the degree of harm received.
False denunciation is a serious crime, when faced with which it is advisable to contact a criminal lawyer who can provide comprehensive legal support.
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