Defamation is a pretty serious offense. Russian law criminalizes this crime. How should I file a defamation statement with the police? What are some important points to keep in mind when contacting the appropriate authorities? These and many other questions will be answered in the article.
What is libel?
What is the essence of the crime? In short, slander is a message of some false information about a person. Information can be any: about allegedly illegal acts, about participation in dubious events, about defamatory connections, etc. Article 128 of the Russian Criminal Code provides for punishment for defamation.
Recently, slander has moved to the Internet. A large number of people offend each other's honor and dignity, while remaining anonymous. This greatly complicates the possibility of proving an offense.
It should be noted that false information of an unpleasant nature is not considered to be libel if it is presented to a direct person - without intermediaries. In this case, we can talk about insults, but this is already an administrative responsibility, and not a criminal article.
Ways of Proof
The libel statement is always quite serious. This means that the offense still needs to be proved. How can this be done in the case of slander? The most frequent and strong evidence is usually:
- witness's testimonies;
- various written materials (announcements, paper, etc.);
- calls, audio recordings, video recordings, SMS messages, correspondence in social networks, etc.
- Screenshots of the sent web pages that contain information that is unpleasant for the applicant;
- other evidence of falsehood.
But what if slander comes in enormous quantities, but there is no proper evidence? Should I write a statement about slander? If at least minimal evidence is not attached to the main paper, then it is highly likely that the case will be closed for lack of proper material. Some people, wanting to get at least some evidence, begin to provoke a slanderer to make calls, write letters, etc. Is it worth it to do this? Better not. Any provocation to commit a crime can end very badly.
Witness statements
As mentioned above, one of the most common and effective evidence is the testimony of witnesses. If there are any, then the case is already turning for the better for the victim. At the same time, it is very important to be able to competently dispose of available materials. Giving testimony is carried out in court. Thus, a statement of defamation filed with the police should be redirected to the appropriate judicial authorities.
Where can I find witnesses? Who falls into their number? Any witness in Russia may be a witness testifying in favor of the injured party. A work colleague, neighbors, relatives - absolutely anyone who directly observed the process of libel can provide true testimony in court.
Lack of witnesses
Often, a statement of defamation is filed in the complete absence of witnesses on the side of the victim. What to do in such a situation? Firstly, do not get upset. Cases of the dissemination of false information often bear the principle of "repetition": if slander took place to be once, then the next one will surely be. 
All that is required is to collect a high-quality evidence base, without provocations and violations of the law. This is not a problem these days. Experts can take note of anything - letters, audio or video recordings, melon social networks, etc. Using the necessary expertise will help to prove the guilty slander and uncover the criminal act, even in the complete absence of evidence or confession.
Drafting a statement
How to write a statement about libel? This question should be asked by everyone who wants to contact law enforcement for help. But before you start filling out the document, it’s worth once again correctly assessing the situation: is this or that person disseminating slanderous information? Maybe he is simply mistaken in his judgments, doesn’t know something? It is also worth considering the help of a good criminal lawyer. Still, doing business alone will be quite difficult, and sometimes completely impossible. Finally, when all aspects of the situation have been considered, you can begin to fill out a statement about defamation to the police.
A sample application can always be found. So, a classic document looks something like this:
As you can see from the above example, the recipient and sender are indicated in the upper right corner. The name, surname, position and address must be indicated. If the application is sent to the police, then the introductory part will contain the designation of a specific unit, as well as information about the head of the site. If the paper is sent to a magistrate’s court, you will have to indicate a specific judicial section.
Then the word "Statement" is written. About the intruder should be indicated as much as possible. If there is no necessary information, then the document indicates the lack of complete data. It is also worth asking the judicial authorities to establish the identity of the slander. The libel suit must contain an indication of the consequences of the crime. At the very end of the document should be information about the evidence.
Where to apply?
Where exactly should the written application be submitted? There is no single authority to file complaints. The nearest police station will definitely accept and consider the document drawn up. After all the checks, one of the following decisions will be made:
- refuse further paperwork;
- to initiate criminal proceedings.
The police have a legal ten days to review the application. Sometimes, in the most exceptional circumstances, the period may be extended. As soon as the investigator considers all the information indicated in the application, the case will go to the regional world court for further verification.
The applicant may have two options: contact the police or immediately write a statement to the court about defamation. Moreover, the document will be drawn up in the name of the judge. Sometimes victims file an application with the prosecutor. And there is no mistake in this - the case will be similarly considered by the relevant persons, and afterwards it will pass into the hands of the judge. In many ways, filing an application with the prosecutor is even more convenient; thus, a prosecutor familiar with the case will be able to represent the interests of the victim during the trial.
Police statement
It is not necessary to hire a lawyer just to help him make a statement. The lawyer is most likely necessary for all office work. Help in filling out the paper must be provided by the police officer, who will subsequently accept the paper. So what exactly should a police complaint look like?
The "cap" of the document is filled in according to a special model, which will be provided by a law enforcement officer. Next is the narrative. Here it will be necessary to indicate specific facts of violation of rights. It should be written that all the disseminated information is not true, and therefore is a slander.At the end of the document you need to write about the offender himself, or about a group of people who disseminate defamation. Surnames, names and contacts will be more than enough; The investigators will deal with the rest themselves. Signature, date of drawing up - and the application is drawn up.
Court Defamation Statement
A sample statement of claim to a magistrate’s court can always be found either on the website of the required court of law or in the body itself. It should be noted right away that a statement sent directly to a judicial authority is slightly different from a statement to the police. So, in the "heading" of the document it is necessary to indicate data on the magistrate court, information about the defendant and the applicant (or about a group of persons). The following is a detailed description of the circumstances of the criminal offense with the attached evidence base.
It is worth paying special attention to this. A statement of defamation, insult, or other offenses must necessarily be supported by some material proving the applicant’s correctness. This is especially true when paper is sent directly to the court. So, if the police still try to conduct a small investigation, then other instances will immediately require evidence. That is why the applicant should hire a competent lawyer who will help in the high-quality resolution of the case.
Responsibility for libel
What punishment awaits the slanderer in accordance with Article 128 of the Criminal Code of the Russian Federation? For the dissemination of facts that are untrue, either verbally or electronically, the offender will be expected to either be required to work, or a fine of up to half a million rubles.
Similar actions, but on a larger scale, will entail a fine of up to one million rubles or compulsory work for up to 240 hours. If defamation concerned official position, then the penalty will be a fine of up to two million rubles. Misleading by disseminating information about a dangerous disease in a person or about committing a crime will entail a fine of up to three million rubles. For the spread of rumors of a particularly serious crime, the slanderer will have to pay five million rubles.