Today we have to figure out what slander is. In addition, you need to pay attention to what punishments are laid for her. Indeed, according to Russian law, there is such a clause in the Criminal Code as crimes against the honor and dignity of a person. Slander refers to this. This means that a certain punishment for the offense is due. But which one and to what extent? It is clear that liability is purely criminal. It is only expressed in different ways. Which ones? And what will be discussed further? Understanding everything is not so difficult as it might seem at first glance.
Definition
What is slander? This question is not so difficult. After all, the exact definition of this term is in the Criminal Code. There, in general, almost every crime is given a specific description. So pay attention to this. In any case, to understand what constitutes defamation, using this code of laws is more than easy.
Slander is the dissemination of knowingly false information about a particular citizen. Moreover, the information expressed discredits his honor and dignity. We can say that this term refers to human lies with the aim of denigrating the reputation of someone. Responsibility for libel is usually only criminal. And it is spelled out in the corresponding code. More specifically, in Article 128.1. It is here that possible measures will be indicated to prevent our current offense.
Money up front
What is slander, we have already figured out. But with the responsibility that is laid for her - no. Much depends on the circumstances, and they are indicated in the Criminal Code. Only here preventive measures are diverse.
For example, crimes against freedom, honor and dignity of a person, expressed as slander without aggravating circumstances, can be punished with cash payments. This is the first punishment that is due. It is very often assigned to violator-liars.
How much do you have to pay? The fine is set in exact sizes only by the court. The Criminal Code of the Russian Federation contains only a few restrictions. Which ones? Either the offender will pay up to 500,000 rubles, or he is able to lose his earnings (or rather, his income) for a period that does not exceed six months. This is the responsibility for slander. It is considered the simplest and most non-hazardous. But preventive measures do not end there.
By the clock
Instead, the law provides for another scenario. More specifically, the article of the Criminal Code for defamation indicates that in addition to the fine you can be punished differently. For example, assign a certain type of community service.
Under the circumstances, the desecration of the honor and dignity of a person is punished by compulsory labor. How much will you have to work? As much as the court will appoint, but not more than 160 hours. Not too much, but still not enough pleasant.
To the public
It is also worth paying attention to the fact that crimes against the freedom, honor and dignity of a person can be committed in public. Public defamation is already a more serious offense. And for him other preventive measures were put. Which ones?
Slander, which was expressed in public speeches, or simply in public, and also when it was published in the media (any, now mainly Internet resources take place), then, as in the past case, you may be fined. But its size will increase significantly.
For a complete violation, you can pay up to 1,000,000 rubles. Or the payment is expressed by your income for a period of not more than 12 months. As you can see, one should not defame someone’s honor. Especially in public. This is a criminal offense that is “paid” in decent amounts.
The measures do not end there. After all, responsibility for defamation expressed publicly or published in the media can be expressed in the form of obligatory works already familiar to us. Only their duration will increase slightly. And now, instead of 160 hours, it will be a maximum of 240. How much will it take to serve a sentence? The court decides and only he. All possible circumstances of the violation will be taken into account.
Official position
Sometimes people commit crimes using their official position. And the punishments for such acts rely almost the most serious. In some cases, the way it is. But speaking of Art. "Slander," you should not be very afraid. After all, this crime is still not so dangerous when using one's official position. Although there is little pleasant punishment.
There are still fines. In our situation, the article provides for a payment of no more than 2 million rubles. Or it is expressed as your income. For what period? For a time not exceeding 2 years maximum. So think carefully before you slander someone, and even use your post.
In addition, there is still the possibility of receiving compulsory work as a punishment. But under the circumstances, as a rule, this measure is less common. Cash punishments are considered more serious. Especially in the indicated sizes! How much will you have to work if you are assigned social work for libel? The term is maximum 320 hours and no more. Although, as already mentioned, in practice such a measure is extremely rare.
Danger
Slander and insult may be different. And depending on the nature of deliberately false information about a person, different punishment may await you. In all previous cases, the usual lie was taken into account. And now the case will touch upon a situation in which slander indicates that a person is ill with a disease that is dangerous to society, or is expressed as a victim of sexual crimes.
In this case, as in all previous scenarios, either a fine or community service is due. Slander is, of course, a terrible crime, but not as important as, say, theft or murder. Therefore, the measures applied here are not the worst.
Cash payments are assigned up to 3 million rubles in this case. Is it possible to somehow lose income over a certain period of time? Yes, such a possibility does occur. The article of the Criminal Code for defamation provides for a fine, expressed in earnings or other profit of the defendant for a period of up to 36 months. That is, a maximum of 3 years.
Mandatory work also take place. Only now they are significantly increasing in duration. Yes, only the court will establish exactly how to punish you if the libel touched the charges of sexual crimes, or indicates a dangerous illness of a citizen. But the limits are still increasing. Now they are 400 hours. That is how much maximum you will have to work out if you have broken the law.
Breaking bad
It is worth noting that all cases regarding our current offense are referred directly to the court. A variety of punishments rely on defamation, although they are expressed approximately the same: either by a monetary penalty, or by obligatory work. But the severity of the punishment depends on many factors.
The last thing pointed to Art. 128.1 The Criminal Code of the Russian Federation (judicial practice very often has recently faced crimes related to slander) - this is how to stop violations when they accuse the victim of serious and especially serious crimes.
Of course, as you might guess, they can be assigned a cash payment. Now, it will be 5 million rubles. As an alternative solution - income for 3 years. This is ultimate. But the exact punishment is imposed only after studying all the materials of the case.
As in all previous cases, compulsory work also takes place, although in practice it is almost not assigned. Their duration varies, but it can not exceed 480 hours. It is these norms that are provided for by Russian legislation for defamation to one degree or another.
Expired
Only earlier an entire article was set aside for this offense, and not a section, as it is now. And until recently, slander was punished more seriously, and significantly. Art. 129 of the Criminal Code of the Russian Federation has already lost its force, but it is still sometimes interested in citizens. After all, you can learn from her how earlier slander was punished by law.
For the usual false report, defiling a person, a fine of up to 80 thousand was imposed, and also as an alternative - the payment of the convict's income for a period of up to six months. Mandatory work amounted to 180 hours, plus another type of “social labor” appeared - correctional labor. And it could last up to 12 months. Also, the offender had the right to limit the maximum movement for a year.
Also Art. 129 of the Criminal Code of the Russian Federation indicates that defamation expressed publicly or published in the media relied on a payment of up to 120,000 rubles (or a convict’s profit for a year), compulsory work of up to 240 hours, correctional sentences were assigned for 1-2 years, there was a restriction of freedom for up to 24 months. Plus, arrest for six months became possible.
If it was a question of defamation indicating a crime committed by the victim (grave or especially grave), then the cash payments amounted to 300,000 rubles (as an option - the defendant’s income for 12-24 months). Moreover, one could count on a suspended sentence of up to 3 years, on arrest from 4 to 6 months, as well as on imprisonment. In this case, imprisonment could last a maximum of 36 months.
Arbitrage practice
Unfortunately, defamation is now very common in judicial practice. But not everyone is ready to complain to the relevant authorities. In reality, our current crime is of little interest to anyone if it is not of a particularly dangerous nature and does not happen with the use of official position. Therefore, if you are denied a criminal case, do not be surprised.
More often than not, if the court takes charge of your case, it is the money payment that threatens the violator. Of course, if there were no aggravating circumstances. Social work does not motivate citizens too much not to repeat a violation. If the libel entailed any serious consequences (there was a new criminal offense), then the perpetrator will be judged immediately by several articles of the Criminal Code.
Comments
Pay attention to some comments that are indicated in Art. 128.1. They can sometimes help to figure out how to behave in a particular case. For example, the first thing that draws attention to this is that any citizen has the right to defend himself in court, if there was a slander. This possibility is guaranteed by the Constitution. But at the same time, freedom of speech is not limited. Real information, even if it is not the best way to represent a citizen, can be expressed.
The corpus delicti is formal. Defamation is perfect from the moment it was pronounced. And it doesn’t matter if it was harmed or not. Thus, you can be a criminal without even knowing about it. Indeed, some believe that a crime is considered such if the act did harm.
Plus, it’s worth clearly distinguishing slander from real information.If the offender can prove the truth of his words, he will not bear any responsibility. Moreover, you yourself may find yourself in the dock for slandering a citizen.
Summary
So we learned what slander is. And what measures are supposed to be punished for this crime is also now known. As you can see, it’s not so difficult to understand, as it seems at first glance. Indeed, in practice, either the court appoints cash payments (and sometimes compensation for non-pecuniary damage), or does not take up the case at all.
Nevertheless, citizens are not too accustomed to defending themselves under the law in libel. In fact, they try to independently deal with the offender. You can do this, but only if your actions do not violate the laws of the Russian Federation.
