Defamation is represented by the dissemination of false information about a person or company. It can be distributed for any purpose or simply because of bad relationships between different people. At the same time, the Criminal Code contains an article for false accusations, therefore people who transfer false information to other persons or companies may be held criminally liable. Therefore, they should be serious about the requirements of the law.
The concept of defamation
Under article 129 of the Criminal Code, a false accusation is a serious criminal offense, since under the Constitution, every Russian citizen has the right to a good name and good reputation. If such his right is violated by other persons, then they will be held criminally liable.
Defamation is the dissemination of knowingly false information, which leads to the fact that the honor of a person or company is defiled. If the information relates to the activities of a company, then this leads to a deterioration in performance and the image of the enterprise. When determining a specific punishment measure, it is taken into account how the false information was disseminated, and also what is the reason for their use. A case is started only if there are reliable and compelling reasons and evidence.
Under article 129 of the Criminal Code of the Russian Federation, false accusations can lead to serious punishment, represented by significant fines or other measures.
What is not slander?
Defamation for which criminal punishment is imposed must be supported by official evidence. However, it is significantly different from unintentional statements in relation to any person or company. Therefore, the article does not apply for false accusations in the following situations:
- a person sincerely believes that he is disseminating reliable information, since he himself was misled;
- a negative opinion is expressed to a person or company representative in person, since the purpose of such a conversation is not to worsen the reputation or humiliation, but only as a result of an emotional explosion during the conflict;
- facts are transmitted that are not false, but only characterize the personal qualities of a particular person.
Judicial practice shows that it is really difficult to prove the existence of slander. To do this, it is necessary to collect irrefutable evidence in order to protect their interests. In addition, there should be witnesses that the immediate person did disseminate false information.
Under the Criminal Code, false accusations can be recognized by the court only if there is evidence that false information was passed on to other people, and the person who disseminated this information had malicious intent. He must be aware that he is really transmitting false data.
Basic rules of accountability
The article for false accusation and defamation may be applied by the court, taking into account the following significant factors:
- slander is indeed a serious crime; therefore, a person telling other persons inaccurate data is a criminal;
- the object of the act is the right of any citizen to personal and business reputation;
- if false information is intentionally disseminated, then this may cause significant damage to the company or person, represented by a change in employment, divorce or depression;
- the subject of the crime is a person who disseminates false information, and only a person who is already 16 years old can be brought to justice;
- it is important to prove the intentional guilt of a citizen, so if he passes false information through negligence or through misrepresentation, then he will not be able to hold him accountable.
When considering such a case, the judge must establish a causal link between the spread of slander and the negative consequences that a firm or private person has. Under article 129 of the Criminal Code, a false accusation of a crime is considered a significant misconduct on the part of any person.
Types of Defamation
There are several varieties of false accusations:
- information due to which the reputation of a private person or company is deteriorating;
- information that a person has committed a serious crime or sexual offense;
- evidence that a person has any contagious disease, which usually leads to the fact that other people avoid this citizen;
- the provision of any significant false information for all to see;
- the use of inaccurate data by a person holding any high post.
The article for false allegations of theft is the same as for the damage to the reputation of a person or organization. Moreover, the punishment measures depend on the exact consequences of the actions of the offender. Even if information that is knowingly false is disseminated on the Internet, it is still slanderous, so the offender will be prosecuted for his actions.
How to punish the offender?
If a person disseminates false information, then the provisions of article 129 for false accusations apply to him. Punishment is assigned exclusively by the court, for which the following features are taken into account:
- to file a claim, you will have to first prepare evidence that it is a particular person who disseminates false information;
- if information is available on the Internet, then finding the culprit is easy enough;
- if the offender uses other methods, then he will have to attract witnesses who can prove that a particular person did transmit defamatory data to other persons;
- correspondence, recordings of telephone conversations or video recordings may be used as official confirmations;
- for different evidence to have legal force, their notarization is required, for which you will have to turn to a specialist with different records and other evidence.
Evidence must be collected by the immediate person whose reputation has been damaged. It is most optimal to hold a criminal accountable under article 129. Obviously false accusations even make it possible to obtain compensation for non-pecuniary damage, which is transferred to the victim, but this is only possible if the judge satisfies the claim. The amount of such compensation can be absolutely any.
Where to apply?
The punishment for false charges is assigned solely by the court, so you have to file a lawsuit. A judicial body is selected for this, located at the place of residence or place of functioning of the defendant, which may be represented by a private person or company.
The application must be submitted directly to the victim or his official representative with a notarized power of attorney.
What documents are submitted to the court?
In order to apply article 129 of the Criminal Code of the Russian Federation for false accusations, the plaintiff must prepare as many documents as possible that are submitted to the court. These include the following documentation:
- correctly drawn up statement of claim;
- evidence of defendant’s guilt, presented by written testimony, videos or audio recordings;
- if it is planned to recover moral compensation, then another lawsuit is filed for compensation for moral damage.
What article is used by the court for false charges? The punishment of a judge is selected within the framework of the provisions of Art. 129 of the Criminal Code. If there are aggravating circumstances, then you can additionally make an official statement to the prosecutor's office or police station. Based on the available evidence, a criminal case will be instituted, which is then referred to the court.
What types of punishments apply?
Under article 129, various penalties may be imposed for false accusations. These include:
- A fine of up to 500 thousand rubles is imposed for disseminating false information that defames the honor and reputation of a person. and compulsory work up to 160 hours.
- If defamation is disseminated through public speaking, for example, on television, radio or the Internet, then liability is significantly tightened. Under such conditions, a fine of up to 1 million rubles is imposed. and compulsory work for up to 240 hours.
- If false information is disseminated by a person holding a significant post, then for him the punishment is a fine of up to 2 million rubles. and compulsory work up to 320 hours.
- If the culprit disseminates information that the person has any serious illness or is a participant in the crime, then the penalty is fined up to 3 million rubles. and compulsory work up to 400 hours.
- If the offense is related to the fact that other persons are given information about a serious crime committed by a citizen, then the fine will increase to 5 million rubles, and compulsory work can be 480 hours.
Punishment is appointed solely by the judge. To do this, a person must have official evidence of the guilt of another citizen. This takes into account the provisions of Article 129 for a false charge of theft or other crimes.
At what age are people held accountable?
Citizens of 16 years or more are held accountable for defamation. In this case, both a child and an adult citizen of any age can act as victims.
If false facts are spreading about a person who has already died, then the deceivers are not held accountable, since by law only a citizen who is a victim of criminal acts can file a lawsuit.
How to protect yourself from unfounded accusations?
Often people who do not actually disseminate any false facts are accused of such a crime. Therefore, they are interested in how to defend themselves against such allegations. It will be possible to avoid different legal proceedings only if there is evidence, then there was any misunderstanding between the two people.
If the plaintiff insists on filing a claim, then he will have to defend his interests before the judge. The following methods can be used to protect against unfounded charges:
- preparation of witnesses' own testimonies;
- the use of various information from reliable sources, with which you can prove that the information disseminated is true;
- if the information was disseminated by a person holding a high post, he must prove that he acted in accordance with the requirements of the law;
- if the information was received from third parties, then this will have to be proved by official documents or records.
If you correctly approach this issue, then you can defend yourself against unfounded accusations.
Can I file a counterclaim?
If the charge is fabricated, then this affects the honor and reputation of a person, so he can file a counterclaim. If the accused is acquitted, then another person may be charged with defamation.
Therefore, each person who wishes to file a lawsuit against another citizen or company must carefully prepare for the process. He is obliged to collect a lot of irrefutable evidence of his innocence, otherwise he may be held liable for defamation.
Conclusion
Accusation of defamation is possible only if there is evidence of deception on the part of another person. For this, witness testimonies, videos or other evidence may be used. Punishment is selected solely by the judge, for which all the evidence in a particular case is evaluated.