Professional lawyers know how to guarantee that you are right. Legislation has many facets, so sometimes it happens that people who are innocent of what happened are held accountable. By contacting a lawyer, you can find out exactly how to behave if you are accused of something you did not do, however, if this is not possible, you should know the rules of conduct when defending yourself.
I am falsely accused of a crime. What should you do first?
First of all, you must understand that the situation is serious and you simply need a lawyer. Otherwise, the article “Murder” may appear literally one, two or three times - simply because some people were found and gave evidence. But these people can be wrong! Or, for example, they suddenly find some traces of blood on you. So what if it’s from poorly thawed beef - who’s going to figure it out? First they will arrest you, and only then they will interrogate you and find out what the traces are and what the meat has to do with it. That's why you need a lawyer right away. And you also need to defend yourself from the charges immediately.
What are the dangers of slander?
The criminal article for libel in the legislation of the Russian Federation has undergone numerous changes, it was even completely abolished (with subsequent restoration).
Until 2012, punishment for defamation of a person was provided for in Article 129 of the Criminal Code, which subsequently became invalid. In the same year, a modified and supplemented norm appeared again.
Important! Today, the level of responsibility for expressing knowingly false information, that is, something that is not true and humiliates a person, is a fine or compulsory labor. The specific punishment depends on the method and circumstances under which the crime was committed.
It must be remembered that proving one’s own innocence is not the responsibility of the accused, since the prosecutor must do this. As long as there is no significant evidence against a person, he should remain calm and confident that he is right.
How can I prove that I am innocent?
The first piece of advice that any lawyer will give you is: do not testify without a lawyer. If the investigator believes you in something or, conversely, does not believe you, this means that you are already giving evidence. Please refrain from doing this. Wait for the lawyer, agree on your position with him - and only after that give your testimony. Otherwise, you may find yourself in an extremely unpleasant situation.
Everything you say to the investigator will be recorded. Remember: they will write down in the most unfavorable way for you, and then they will use your own words against you, and in ways you could not even imagine. The only way to avoid this is to not give any testimony without your lawyer.
It is important to understand the following: even if you are just talking with the investigator, you are giving testimony. Moreover, the same applies to conversations with the person who brought you to the department. The detective will definitely tell the investigator about the content of your conversation, and this may form the basis of a criminal case. Therefore, there is no need to say anything to the police.
Actions in case of accusation
If you are the victim of a libel accusation that you did not commit, you should immediately contact the accuser directly. It is possible that both of you were victims of a misunderstanding, and therefore can avoid the need to go to court.
But if the prosecutor refuses to take back his words and continues to insist on your guilt, there is nothing left but to begin preparing for the trial. So, the applicant will need to take care of collecting:
- Evidence supporting the dissemination of false information: photographs, audio and video recordings, witness statements, links to articles and media publications, etc.;
- Materials confirming the falsity and harmfulness of the disseminated information;
- Documentation that confirms the nature of awareness, premeditation, intentionality of the actions of the accused person.
As for the person accused of spreading false information, he will need to prepare:
- Original video or audio recordings from a public speech in which, according to the statement of the victim of libel, he reproduced false accusations in front of the public;
- If a person is facing an accusation in which he allegedly used his official position, then he will need to take care of collecting materials, confirming each of them with the appropriate legislative reference;
- Witness testimony, audio or video recordings confirming the spread of false information by third parties.
If in the end it turns out that the charge of libel is fabricated, i.e. is false, the person who originally reported it will be prosecuted under Article 128.1 of the Criminal Code of the Russian Federation.
To do this, the accused party will initially need to file a counterclaim. It would also be a good idea to involve an experienced lawyer in the case, who will assist not only at the stage of preparing materials for the court, but will also accompany you at all stages of the trial.
How long will I have to sit behind bars awaiting trial?
Unfortunately, no one knows the exact answer to this question. I can definitely say that you can wait no more than a day for a lawyer. Demand that you be able to call immediately as soon as you are detained, so as not to waste precious time. But I repeat once again: you need to call your RELATIVES. Not to a loved one, not to friends, not to drinking buddies, but to relatives. Preferably, those who can correctly assess the situation. Because a call to mom and dad may end with them listening to you, but out of horror and panic they will not be able to help you.
Therefore, it is better to call other relatives: close enough so that they respond to your call for help, and more or less sane so that they can help you without unnecessary panic, namely, call a lawyer. Your request should sound exactly like this: “I am in such and such a police department / investigative department. I need a lawyer." Some Aunt Masha will help you and find you a lawyer. You can be called in for questioning without him no sooner than in 24 hours - all this time you don’t have to say anything.
Can relatives visit me?
If you are detained by police officers, then, unfortunately, you are isolated from the outside world. You will be in a pre-trial detention cell or in a pre-trial detention center - or maybe you will just sit in an office. But you will not have any contact with the outside world. In general, after you are detained, your life seems to be suspended, put on pause. And in this situation it is necessary to remain calm and not make hasty decisions. Alas, it won’t work out both well and quickly. You should not rush and give evidence in the hope that now you will tell everything and they will release you: most likely this will end in a long prison term. Therefore, I do not recommend telling something to the investigator without a lawyer.
Institutions of appeal
In order for an accused person to be held accountable for libel and false accusations, it is necessary to obtain significant evidence. According to the Criminal Code of the Russian Federation, libel is classified as a criminal act of private prosecution. Those. Punishment under Article 128.1 of the Criminal Code of the Russian Federation can only be based on the fact of a petition received from the injured party.
Due to the absence of aggravating circumstances, an appeal to the magistrate’s court and a statement of claim must be accompanied by the collection of the following documentation:
- A petition drawn up independently or with the help of a competent legal specialist;
- Evidentiary documentation (witness statements, audio and video materials);
- Petition for compensation for moral damage (at the request of the applicant);
- Photocopies of materials from the parties to the court case, including witnesses.
If aggravating circumstances are still present, you need to contact the supervisory (prosecutor's office) or law enforcement (police) authority at the place of permanent registration. Upon filing a petition, a pre-investigation check is carried out, criminal proceedings are opened, which are then addressed to the appropriate court (magistrates' court).
How exactly will the judge and the prosecutor understand that I am telling the truth and that my offenders are lying?
Keep in mind that your words are one source of evidence. It is likely that the judge, the prosecutor, and the investigator will unanimously say: you are saying all this in order to justify yourself, to reduce your guilt, or generally to convince everyone of your innocence. Yes, yes, that’s exactly what they say and even write – as if they want to scold. But you have nothing to be ashamed of. In the end, they are right: you are really trying to prove your innocence with your words. But please note: your options for this are very limited. Simply saying “I didn’t do it” is not enough. If five people around you claim that you attacked an old lady or kicked someone in the stomach, and you are the only one claiming the opposite, then the appropriate conclusion will most likely be drawn.
But this does not mean that testimony does not need to be given at all. But what testimony to give and how to do it will be determined by your lawyer when he develops a defense strategy for you. By the way, very often this strategy consists of simply being silent for a while. The advice, you see, is somewhat unexpected, but everything is explained quite simply. It is quite possible that the investigator has no evidence. At all. And he can only get them if he interrogates you.
For example, a neighbor wrote a statement against you that you broke off a board from his fence. The investigator has nothing but the words of the neighbor. And then they ask you: where were you at that time? What they were doing? Have you ever walked past this fence? Did you touch him? Have you ever held a board from this fence in your hands? Based on your answers, the investigator will conclude whether you are involved in this case. But if you do not give any testimony, then it is almost impossible to prove that you passed by this fence. The testimony of a neighbor will still not be enough to detain you, for example, and bring charges against you.
But if you admit at least something from this long plot of accusations, that’s a completely different matter. For example, you admitted that you were walking past the fence at the same time that the board was broken. Or that they were holding this very board in their hands. Maybe, of course, you lifted it when it was already lying on the ground, and did not break it off from the fence. But you admitted it, and admitting it can turn against you. From your story, the investigator will take what he needs: the fact that you were holding that very board in your hands. And that at that moment it was already broken off and lying on the floor - you came up with this to hide your crime. Of course, this cannot be called a crime, unless your neighbor has some particularly expensive fence. However, it is still considered an offense and you will be held accountable. So there is no need to break down neighbors' fences.
Life of the planet
Sometimes it happens that we are accused of things that we did not do. It is necessary to behave correctly if accused, so as not to lose your sense of dignity. Because if you are accused and someone else is to blame, the inability to defend yourself leads to the fact that the person begins to be humiliated. That’s why you need to behave this way if it’s not you who is to blame, so that no one has the desire to make you a scapegoat. But how to behave when you are accused, but you are not guilty and want to prove it?
In fact, the advice on how to behave correctly when you are accused, but you are not to blame, is very simple. So, if you are accused of something you didn’t do, first decide whether they are doing this with malicious intent, or whether people really made a mistake. If the accusation is not just wrong, then you must keep in mind that it is convenient for someone to make you guilty. What to do in this case? First, you need to find out who is to blame for what happened. Only with undeniable evidence will you be able to confront your accusers. Most likely, by blaming someone who is not guilty, a person wants to protect himself or specifically blame someone. In fact, the degree of seriousness of such a charge varies widely. This can be done by jealous rivals who want to take your loved one away from you, envious employees who are annoyed that the boss loves you more than others, or competitors who need you to go broke. But, in any case, people begin to behave this way, setting the goal of your moral or material destruction.
How to protect yourself from them and behave correctly in such a situation?
Firstly, there should always be reliable people next to you who can support and protect you in any situation. But, you must be really sure that these people will never betray you and will not fight on two fronts. If they are trying to set you up and do this for more than one day, then one of your close friends could try, so to speak, to “get into enemy territory” and find out why exactly they want to set you up, and also get some proof. But, even if it is impossible to do this, close people should always confirm your words, of course, if they are true. You shouldn’t lie to a whole crowd, because later, when everything is revealed, they won’t believe not only you, but also your friends.
Often, only words can be used in an accusation. And here, it is very important to be able to respond correctly to words. Firstly, you shouldn’t scream and start accusing this person of slander. In fact, that's all he wants. If a person is driven to hysteria, he ceases to think adequately and argue his words. Therefore, when you are accused, you do not need to immediately get angry, call the person names and shout that you have been slandered. Instead, it is best to listen very carefully. There are always places in lies that are “sewn with white thread.” If you notice them in time, then you can justify yourself with dignity. Therefore, under no circumstances interrupt your accuser. Listen to it to the end, and only then begin to draw any conclusions. If you know that he definitely cannot have any physical evidence to confirm your accusation, then you can very easily and simply prove that you are not guilty of anything. But for this you need to stay very calm and cold. If you start to get angry, clouded, lower your eyes and nervous, people get the impression that you are doing this because you know about your guilt and now you are trying to somehow hide it, but nothing is working out for you. Therefore, under no circumstances allow yourself to be nervous. Even if you just want to strangle the offender with your bare hands, never dare to show it. If a person sees that he has brought someone out of balance, he will definitely take advantage of it. Therefore, you should not allow this to happen.
Also, you should never make excuses . When a person begins to excitedly say that he is not like that and could not do anything like that, then his words are also not perceived as something real and truthful. In situations where you are purposefully accused, you need to use only arguments and irrefutable facts. As mentioned earlier, try to identify the weak points in the accusation and refute them. This can be done in different ways: by putting forward your version, asking questions, or in some other way. You just need to look at the situation and, under no circumstances, give free rein to your emotions. Remember that the accuser expects any reaction from you, but not calmness and complete confidence in yourself and that you are right. This behavior will definitely confuse him. If you also start exposing, the person is completely lost and forgets about all the arguments he had before. Therefore, always remember that it is most difficult to accuse a person who knows that he is right, is not afraid of the accuser and does not allow himself to lose calm.
If you were not accused on purpose, then it is much easier to understand the situation. In this case, people are much more willing to listen to you and find the truth. But in this case there is no need to make excuses. Simply, you need to explain the situation, prove why exactly you could not do this and, if necessary, find evidence that will confirm your innocence in this or that case. Most likely, they will give you time to find a way to justify yourself and will adequately assess the situation, and not look for an opportunity to confirm your guilt.
In fact, in every person's life there are times when he is accused of something he did not do. Don't take this to heart. All people make mistakes and everyone also has ill-wishers. If no one hates you, you need to think about whether you are living right. After all, only dull and uninteresting people do not evoke emotions. Therefore, such stories and accusations should be taken not as a reason to consider yourself a bad person, but as proof that you can evoke such strong emotions in your enemies, therefore, you truly live and do not exist.
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