Defamation, as well as its consequences, are criminally punished in Russia. Appropriate measures are indicated in Art. 128 of the Criminal Code. There are only 2 parts that are extremely important for understanding and understanding the crime committed. The first is “responsible” directly for libel, the second for illegal placement in a psychiatric hospital. All this is considered crimes against the person her rights and freedoms. What is supposed for such perfect deeds. For example, for libel?
The concept of defamation
Before you understand this, you will have to understand what type of crime we are talking about. The thing is that in Russian legislation for each term there is a definition. And on it we can conclude which article of the Criminal Code to use when making a court decision.
Slander is the dissemination of false facts about the life of a citizen, knowingly false information that defames the honor and dignity of a person. Such an act, as a rule, undermines the reputation of others. It has its own focus.
We can say that slander is a lie aimed at desecrating a person, distorting his actions, character, thoughts and desires. It is criminally punishable. How exactly? This is indicated in Art. 128 of the Criminal Code. More precisely, in the first part. Slander, by the way, has several types of expression. Depending on them, the punishments will change.
Typical
Consider the first situation that occurs most often in practice. We are talking about the most common slander, which does not have any features. In this case, referring to Art. 128 h. 1 of the Criminal Code, some not very serious punishments may be imposed. More precisely, there are only two of them. It is about the appointment of a fine and community service. The amount of payments varies, but is able to reach half a million. Otherwise, the penalty may be the so-called contributions, expressed as income of the defendant for a certain period. For example, for six months.
Mandatory work also spelled out in Art. 128 of the Criminal Code. When defamation is supposed to work out under the supervision of no more than 7 days. More precisely, it is 160 hours maximum. In practice, the period of such punishment will stretch far beyond 6 days. This is worth considering.
The public and the media
Go ahead. The next paragraph prescribed in Art. 128.1 of the Criminal Code of the Russian Federation is libel associated with public speaking and in the media. If someone decided to defame the honor and dignity of other people without evidence and reason, then the punishment will be appropriate. Which specifically? In this case, the same measures apply as in the previous paragraph. Or a fine, or compulsory work. The difference is only in the amount of payments, as well as the duration of the sentence.
The fines imposed for defamation, accompanied by public appearances and the press in the media, can reach 1,000,000 rubles. Or, again, the defendant’s income will be taken into account. Nothing difficult. This time, the amount of payments should not exceed the convicted person’s income for 12 months. If we talk about mandatory work, their duration also increases by almost 2 times. And now the maximum term for serving such a punishment is 240 hours. Such standards are established by Art. 128 of the Criminal Code.
Official position
The use of one's official position in defamation is also unacceptable. In principle, as the offense itself. If a citizen decided to slander someone using his social status or position, you need to prepare for more serious punishments than have been described before.
Although, so far there will be no significant difference. The thing is that the defendant may, as before, be fined or required work. Of course, the amounts and terms grow several times. In the first case, Art.128 of the Criminal Code indicates that fines are expressed in the form of fixed values up to 2 million rubles or in the form of a citizen's income for 24 months. Speaking of forced labor, it is worth counting on about 15 days. More precisely - at 360 hours maximum. In fact, it will take more than two weeks to work out.
Disease and debauchery
Do not forget that very often in practice there is slander, which refers to reports of mental illness, as well as the commission of sexual crimes. Such cases are far from uncommon. And it would be nice to know what threatens the culprit for such a violation.
There is nothing new. Again fine or related work. Or a citizen will have to pay about 3,000,000 rubles for reports of mental illness or crimes of a sexual nature. In addition, he can give away his income, for example, wages for 3 years. In some cases, the court is able to reduce the term, but it does not have the right to extend it.
Compulsory work on libel related to mental illness of the victim, as well as on charges of sexual crimes, will amount to up to 400 hours. This is a little less than 17 days. Practice indicates that the duration will stretch for about a month or a half - until the defendant has worked all the hours assigned to serve the sentence for defamation.
Danger
Another point left unattended is reports of the commission of serious or especially serious crimes. If slander is expressed in this way, then, according to Art. 128 of the Criminal Code, the defendant will be punished with cash payments of up to 5 million or compulsory labor - 480 hours maximum. By the way, if a fine is imposed, he, as in all previous cases, is not able to express itself in the form of specific amounts. Instead, the court has the right to demand the income of the convicted person for a certain period: up to 36 months. Most often, such a period is indicated in a court order.
Do not forget that there is also Art. 128.2 of the Criminal Code. She is responsible for punishments related to illegal placement and detention of persons in psychiatric clinics. What relies on this?
Psychiatry
We must immediately bear in mind that the punishment in this case will be much more serious than with ordinary slander. And it does not provide for any fines or community service. Criminal liability here is expressed as imprisonment. Depending on the situation, different lengths of time in prisons may be assigned.
According to Art. 128 h. 2 of the Criminal Code of the Russian Federation, with the illegal placement of a citizen psychiatric hospitals guilty sentences of up to three years will be imposed. The same crime, but entailing grave consequences or the death of the victim, as well as committed with the help of official position, is punishable by a similar measure, but in a different time frame: from 3 to 7 years. Additionally, in such a case, a ban on the conduct of certain activities, as well as on the occupation of any positions (in practice, high-ranking and leading ones) can follow. The term of such restrictions lasts up to 36 months inclusive.
Comments
In Art. 128 of the Criminal Code of the Russian Federation, the corpus delicti is characterized by the fact that a citizen committing slander does this purposefully. And pursues its actions a variety of specific motives. Moreover, a crime cannot be considered committed if the victim did hide the published facts or voluntarily agreed to undergo treatment in psychiatry (Article 128.2).
When it comes to crimes related to imprisonment in psychiatric hospitals, the culprits are those who made this decision or extended the term of “treatment” of the victim. For example, medical workers. All other persons are considered accomplices or instigators. Again, referring to Art.128.2, it is worth paying attention to the fact that the crime is supposed to be interpreted as completed from the moment the victim was placed in psychiatry or from the moment the citizen was illegally refused.
