Article 129 of the Criminal Code of the Russian Federation establishes liability for disseminating inaccurate information that discredits the dignity and honor of another entity or undermines its reputation. The norm provides for general and qualifying compositions. Let's consider them in more detail.
Art. 129 of the Criminal Code. "Slander"
For disseminating inaccurate information that defames the honor and dignity of a person, and also harms his reputation, the perpetrator faces:
- Fine up to 80 thousand p. or in the amount of income (salary) for six months.
- Mandatory work for 120-180 hours
- Restriction of freedom.
- Correctional work.
The duration of the last two sentences can be up to 1 year.
Qualifying Compositions
In part 2, article 129 of the Criminal Code of the Russian Federation establishes a punishment for disseminating inaccurate information that damages the reputation, defames the dignity, honor of a person in a public speech or demonstration of a work, as well as in the media. For these acts provided:
- Fine up to 120 thousand p. or equal to the amount of income / salary for the period up to a year.
- Mandatory work for 180-240 hours.
- Six months arrest.
- Correctional work.
- Restriction of freedom.
The duration of the last 2 sentences can be up to 2 years. When disseminating inaccurate information, combined with the accusation of a subject as a crime deemed grave / especially grave, the perpetrator faces:
- A fine of 100-300 thousand p. or in the amount of income / salary for 1-2 years.
- Arrest up to 6 months.
- Restriction or imprisonment up to 3 years.
Art. 129 of the Criminal Code: comments
Two groups are traditionally included in the category of attacks on honor and dignity, as well as on a person’s reputation. In the first, an unlawful act is an insult; in the second, slander. The definition of the latter in the current version of the Code is more accurate than in the previous one. In the legislation of the RSFSR, the punishment was established for the dissemination of knowingly inaccurate fabrications that dishonored another person. Article 129 clarifies the nature of the information, but does not change the existing ideas about the method of committing an act.
Honour and dignity
These two categories are closely related. 129 article does not distinguish between these concepts. Punishment is established regardless of whether damage, dignity or honor was caused. All these categories have their own characteristics. In particular, under honor, as a rule, they mean a positive assessment of the personality, recognition of its moral and social qualities by other citizens. Dignity is associated with the recognition by the person himself of the intellectual and moral qualities that he has, his position in society.
Dissemination of Information
It is considered any form of communication of information to at least one subject, except the victim himself. For qualifying an act, it will not matter to whom exactly the information has become known. It can be relatives, acquaintances or strangers. Article 129 indicates falsity in the information disseminated. This attribute is mandatory for qualifying an act in accordance with the norm in question. It does not matter who acts as the author of the information that does not correspond to reality. This can be the person himself, brought to justice, or another person from whom the perpetrator heard information.
Nuance
Article 129 is valid in cases where the information disseminated by the perpetrator is false. In the considered norm there is an indication of deliberate. When qualifying, it is important that the perpetrator understands that he is reporting information that is not true. In this case, the crime, the penalty for which establishes article 129, should be distinguished from defamation. The latter is a public dissemination of information, regardless of whether they correspond to reality. In pre-revolutionary times, defamation was qualified as an independent act. It was not provided for in criminal law. This was justified by the fact that private life in a socialist society should be accessible for criticism. Her immunity was categorically rejected. The Constitution of the Russian Federation has changed the approach to the private life of a person. The basic law secures the inviolability of personal, family secrets. Moreover, in Art. 137 of the Criminal Code of the Russian Federation , liability was established for an encroachment on a person’s private life. Thus, the conditions were determined under which defamation is currently punishable.
Qualifying signs
As before, the article for defamation consists of three parts. However, the current edition provides a slightly different content of qualifying compositions. The form of presentation of false information has ceased to have independent significance. Previously, the norm contained an indication of the presence of false information in a work reproduced in print or in any other way. The current edition of the Criminal Code focuses on the public nature of the message of false information. It is reflected in part two. It establishes a punishment for defamation, which is present in a public speech or work on display, as well as in the media. Part three includes a specified especially qualifying composition. The content of the norm contains an indication of a false accusation of committing an act that is recognized as grave or especially grave.
Additionally
The threat of the dissemination of inaccurate defamatory information does not form part of the act. Meanwhile, it can act as a way to commit other crimes. For example, it can be coercion to sexual contact, involvement in prostitution, extortion, suicide and so on.