Today it remains to be seen what is the penalty for libel in Russia. It's hard to believe, but it's a criminal offense. In the Russian Federation, the rights and freedoms of the individual, as well as her interests, are protected quite seriously. Not everyone knows what they have to face when insulting or slandering. To discredit the honor and dignity of citizens in Russia is prohibited by law. Or you will have to face several types of punishments. Which ones? What features of the legislation will you have to pay attention to in the situation under study?
At the legislative level
It has already been said that in Russia the punishment for defamation is laid down by law. Moreover, it is a criminal offense. Accordingly, a full list of sanctions can be found using the country's Criminal Code.
To date, there are several separate articles in this code of laws. This is Article 319 and Art. 336 of the Criminal Code. Earlier in Russia, the Criminal Code provided for appropriate punishment under Article 130. But recently, more precisely, since 2012, administrative punishments have begun to be applied to the general population.
What does it mean? The thing is that the punishment for defamation is now regulated mainly by the Code of Administrative Offenses. The relevant sanctions are prescribed in article 5.61.
Section 130
First, pay attention to an expired article. Namely, at Art. 130 of the Criminal Code. It was it that prescribed all the measures of punishment for people who decided to discredit the honor and dignity of a citizen. What rules were in force until recently in Russia?
The punishment for defamation and insult was varied. In practice, most often a fine was imposed in one way or another. But what exactly and in what cases was it supposed to?
Based on the text of article 130 of the Criminal Code, we can conclude that:
- For the insult, you had to pay up to 40,000 rubles or lose your earnings for 3 months at most. As an alternative punishment, compulsory work lasting no more than 120 hours was applied. Correctional labor could reach six months, and restriction of freedom - 12 months.
- A public insult demanded a fine. Its size could reach 80,000 or expressed in earnings for six months. Compulsory work was assigned up to 180 hours in total, correctional work - for a year. If there was a restriction of freedom, it lasted a maximum of 24 months.
Such a punishment for defamation and insulting a person was provided until 2012 in Russia. But, as already mentioned, now the corresponding criminal liability is provided only in individual cases.
When is criminal liability
In which cases? When is it necessary to refer to the Criminal Code of the Russian Federation for libel or insult? For some time, the corresponding liability is provided only in two cases.
The first is if the crime was committed against a soldier. Then you have to turn to article 336 of the Criminal Code. The second is when it comes to insulting a government official. In this case, the 319th article of the corresponding code will help. But what do they provide?
Section 336
What punishment for defamation, as well as for insulting a soldier, is supposed to be borne by a citizen? It all depends on the situation. The main thing is that according to this article no fines are provided.
If one soldier insulted another while serving or performing military duties, he will have to come to terms with the restriction of military service. Suspend from the performance of duties may for a period not exceeding 6 months. Also, the perpetrator can be held in a disciplinary military unit for a similar time.
When there is an insult to a military serviceman with the participation of the chief (it does not matter who exactly is to blame), they are supposed to be removed from military service or to place the culprit in a special disciplinary military unit. How much? The punishment for defamation and insulting a person in this case can last up to 12 months inclusive.
Section 319
It is also worth paying attention to the insult that was carried out against a representative of the government. As already mentioned, this is article 319 of the Criminal Code of the Russian Federation.
Based on its text, we can conclude that one of the following penalties is imposed for publicly insulting a government official:
- a fine of up to 300,000 rubles (or a citizen’s earnings for 3 months);
- compulsory work - 360 hours maximum;
- correctional labor - 12 months.
No further regulations are envisaged. But the Russian Criminal Code has a separate article. It’s called “Slander.” It goes under the number 128.1. What does it provide?
Article 128.1
Slander can be punished in a variety of ways. The thing is that a lot depends on the situation. And from a court decision. After all, it is the court that prescribes the specific punishment of the criminal. What scenarios are provided by law?
According to Article 128.1 of the Criminal Code of Russia, one can hope for the following punishments:
- Common slander. She is punished by a fine of up to half a million or expressed by the defendant's six-month earnings. Alternative - obligatory work for 160 hours.
- Public libel. The fine in this case is 1 million (earnings per year) or expressed as compulsory labor at 240 hours.
- Defamation using his position in society (official). A fine of up to 2,000,000 (or any income of the defendant for 24 months), work of a mandatory type - 320 hours.
- Defamation associated with the presence of a dangerous disease in a citizen or with the commission of a sexual offense. Mandatory work is 400 hours. And the fine is increased by 1 million compared to the previous version. That is, it will amount to 3,000,000 or can be expressed in the profit of the convicted person over 3 years.
- Defamation, which indicates a person has committed a grave or especially grave crime. Will have to work out 480 hours maximum. Or pay a fine, which is 5,000,000 maximum. A court may withdraw a citizen's income for 3 years.
Accordingly, this is exactly how libel is punished. Article determines the punishment according to these rules. But the exact decision remains with the court. Each case is considered individually.
CAO
But that is not all. The thing is that there is an article in the CAO for defamation (insulting a person). The punishment will be administrative in nature. As a rule, it is expressed in penalties in one way or another. What to prepare for?
Article 5.61 spells out the following standards:
- The usual insult obliges citizens to pay a fine of 1,000-3,000 rubles, officials to pay 10-30 thousand, legal entities 50-100 thousand rubles.
- Public insult. It requires the payment of 3-5, 30-50, 100-150 thousand rubles from ordinary citizens, officials and legal entities, respectively.
- Failure to take measures that would help prevent the appearance of public insult in the media is also punished. In this case, officials pay 10-30 thousand, and organizations - 30-50 thousand.
Now it is clear what punishment for slander or insult a citizen will suffer in a particular case. In fact, everything is quite easy and simple. It is enough to know some basics of the legislation of the Russian Federation.