Defamation Police Report: How to Spell? Article 128.1 of the Criminal Code

Today, slander is a fairly common phenomenon, so it’s worthwhile to carefully study how you can punish a person who is trying to incriminate another person. Before spreading false and untrusted information, it is worthwhile to carefully study the law, because a person who is slandered can file a statement with the police about slander. Let us consider in more detail this crime and the punishment that may follow.

What is slander?

Before considering the punishment for defamation, you must first understand what it is. The main sign of defamation, to which attention is drawn, is the dissemination of information that is not reliable. Slander may have such features:

1. The main purpose of slander is to discredit the honor and dignity of another person.
2. You can slander any citizen who is over 16 years old.
3. The purpose of disseminating knowingly false information is self-interest.
4. Slander can be spread orally, most often in writing, for example, a social network can be used for this.
5. Defamation cannot be regarded as an insult.

The essence of the libel law

Responsibility is held for defamation, which is exactly what Article 128.1 of the Criminal Code of the Russian Federation says if someone disseminates false information that defames other citizens. The court must take into account the corpus delicti, and the punishment that a person will bear will depend on this. Sometimes it happens that it turns out to get off with only a fine, in some cases it can reach half a million rubles. Punishment can also be in the form of forced labor, which can last about 160 hours.

If especially serious crimes are committed and at the same time they are associated with slander, then the fine may increase to 5 million rubles, and correctional labor will last 480 hours. To punish the offender for defamation, you must file a statement with the police about defamation, you can also file a lawsuit in court and demand compensation from your offender. The amount of compensation may be claimed by the applicant, for example, the plaintiff may require such compensation as it considers sufficient to cover the damage.

How can you protect yourself from slander?

As soon as it turns out that someone was slandered and at the same time damage was done to the reputation, you should immediately file a statement to hold accountable for libel. For the slanderer to be punished, it is enough to bring him to justice. Be sure to pay attention to such points:

1. You should know the last name, first name and patronymic of the offender.
2. There must be solid evidence that a citizen is indeed spreading rumors, thereby causing moral or material damage to another person.
3. Evidence should be provided that all rumors that are circulated are indeed false.

It also happens that the person who suffered does not want to prosecute the slanderer, but only wants to receive moral compensation, for example, to apply a fine. In this case, it will be necessary to simply file a claim with the nearest district court. It should be remembered that from the very beginning it must be proved in court that there was a fact of slander, otherwise it will not work to win the case. Witnesses may be third parties who have heard this slander. It is advisable that there be documents or a video on hand that can confirm the plaintiff is right.

Deadline for submitting application

As soon as it turned out that the citizen was slandered, it is advisable to immediately file an application with the court, because the case has its own statute of limitations. For example, an administrative violation can be considered within two months, and criminal, if insignificant, can be in work for two years from the moment of the incident. The chances of success will increase by almost 80%, if the statement is drawn up correctly.

Where to turn if defamation is discovered

Few people know exactly where to go if they slandered him and where to write a statement about slander. The fact is that the fact of the dissemination of knowingly false testimonies is considered in private, therefore, justices of the peace, who are on the site where the incident occurred, are engaged in these cases. It is most correct to immediately go to court, where there is every chance of getting protection and punishing the perpetrators of injustice. You can write a statement to the police, most often they do this if the offender is not known. The police must verify all the data and send the case to the magistrate.

What can not be considered slander

Before filing an application with a court or the police, it is worthwhile to learn in more detail what cannot be considered slander.

1. If one person describes the second from the negative side, but at the same time everything that he says about him is considered true, then this cannot be considered slander.
2. If false information does not in any way harm the reputation of a person and does not in any way discredit his honor.
3. If the person who spread the rumors sincerely repents of it and up to this point thought that he was only telling the truth.

All defamation proceedings cause a lot of problems. Sometimes even evidence does not help to bring a person to blame.

How to file a lawsuit

If you want to punish your offender for libel, you should immediately contact the district court. In fact, such a crime as slander, article 128.1 of the Criminal Code of the Russian Federation, is considered after filing a statement of claim, but in this case it is rather difficult to manage without the help of a specialist. You can file an application with the police, where employees will be required to consider it and get to know all the nuances. After which, within 10 days, a decision is made to initiate a criminal case or refuse to initiate it.

The application must be very competent, therefore it is best to entrust the preparation of it to a lawyer. If you want to punish the offender, but without a trial, you can send a statement to the prosecutor. The prosecutor will be able to get acquainted with the case and act as a defender of the interests of the injured party in court.

What should include a statement to the police

So that you can hope for success, you should first of all familiarize yourself with how to write a statement about defamation to the police. The form by which you can make a statement does not exist, it is drawn up in any form, but still, some standards must be followed:

1. The name of the court to which the injured party applies should be indicated at the top.
2. Be sure to include personal data in the header of the application, such as full name and address of residence.
3. It is advisable to provide information about the defendant.
4. The current situation should be fully described and what exactly the rights are violated and how it degrades dignity and affects the reputation.
5. The bottom of the application lists all the requirements that are presented to the defendant.
6. Evidence of slander must be provided: documents, videos, or specific facts.

It is almost impossible to choose one single sample, how to correctly write a statement about slander, since the application can be submitted to different authorities. For example, it may be the prosecutor's office, the police or the court.

How to file an application with the court and what should be the procedure for filing it

If a lawsuit is filed in court, then it has a definitely established form.In this statement, you need to pay attention to such points:

1. First of all, the data of the world court are indicated, namely its name.
2. Be sure to include information about the applicant and the defendant.
3. The court must take into account all the circumstances of the crime, so they should be painted in detail.
4. A sample libel statement includes mandatory evidence, for example, videos, photographs, and a list of witnesses may be attached to it.

Before filing an application with the court, it will be necessary to pay the state fee, so a receipt should be given along with the application. If the document is submitted to the police, you must first fill out a special form called a coupon notice. He testifies that the police will consider the case. When applying to the magistrates court, paper is also issued. According to the issued document, it will be possible to pick up after the end of the case all the important papers.

How to prove defamation on the Internet

Slander is considered one of the serious crimes, as it can cause irreparable harm to a person. Today, there are many types of slander, and often the dissemination of false information occurs precisely on a social network. Naturally, in this case it will also be possible to file a statement with the police about slander and insult, but it will be difficult to prove the guilt of the other side. The only option remains to act carefully and try, as soon as possible, to record the traces of the crime.

In court, you need to provide evidence that will help convict the criminal and pass him a decent punishment. If the court pronounces an acquittal in favor of the defendant, he will be able to file a counter-defamation statement with the police, but only against the plaintiff, and then he will have to pay damages for non-pecuniary damage.

How to prove defamation

In addition to filing an application with the court, you must take care of the evidence. In this case, any facts that will help indicate that the plaintiff is right are suitable. Consider the most suitable of them:

1. Video recording. Video can be very good evidence that a person gave false information, while pursuing their own selfish goals.
2. You can provide the court with photographs, but it is rather difficult to do so, because it is almost impossible to fix the moment of slander.
3. The court will take into account the testimony of witnesses, if any, will be surrounded by the plaintiff and defendant.
4. If false information was disseminated on the Internet or through the media, then these documents must be printed for proof.

If you file a statement with the police about defamation, then you need to make sure that there is at least some evidence, only then the court will be able to take up this case.

What is the responsibility for disseminating false information

For giving false testimony, a penalty is imposed, which may be in the form of a fine or correctional labor. What punishment will be applied in a particular case will depend solely on the type of slander and on how it was disseminated. Consider the main types of punishment:

1. A statement to the police about defamation is filed when one person decided to tarnish the honor of another. Then the penalty may be a fine in the amount of 500,000 rubles.
2. Defamation that occurs at the public level is punishable by a fine of 2,000,000 rubles.
3. When a person tries to blame another for illness or rape, a fine of 3,000,000 rubles may be imposed.
4. If false information is given in order to accuse a person of a particularly serious crime, then the fine can reach 5,000,000 rubles.

Recently, this article is almost never used. Slander is a hard-to-prove crime, so basically all disputed issues are resolved within the framework of civil law relations.But still, you should not allow yourself to be offended, so a person who is trying to defame another in order to get his own benefit from it must be punished. If there is evidence, then there is every chance not only to punish his offender, but also to force him to pay moral compensation, thereby discouraging the desire to spread false information about a person whose honor and dignity were seriously tarnished.