libel statement sample
Slander is not uncommon in today's society. Usually it is expressed orally, in writing, via the Internet, the media. A slanderer who spreads deceitful fabrications in order to discredit another civilian, undermine his reputation, will be held criminally liable in accordance with article 128.1 Defamation of the Criminal Code of the Russian Federation. Make a statement of claim, do not leave the crime unpunished.
The new law of the Criminal Code of the Russian Federation on libel
The law on adding amendments to some articles of the Criminal Code of the Russian Federation was signed by the President of the country on 28.07.2012. It indicates the need to add Article 128.1 to the Criminal Code on liability for slander, in other words, for the dissemination of false information that discredits the honor and dignity of citizens.
Punishment for libel
Punishment for libel - corresponds to article 128.1 of the Criminal Code of the Russian Federation. The court imposes, depending on the elements of the crime: a fine of up to 500,000 rubles in the amount of wages, other income for the specified period (up to six months) or compulsory work of no more than 160 hours. 5 million rubles, and also the time of corrective labor increases, it reaches 480 hours.
Simultaneously with the statement to the police, the victim can file a claim with the court to receive compensation for moral damage. The amount of compensation is not calculated, the plaintiff has the right to set the amount that he considers sufficient to compensate for the harm caused to him.
Defamation Actions
If you think that you have been slandered, harmed your business reputation, thereby causing you moral and material damage, you should file an application against the offender to the justice of the peace (Article 128.1 of the Criminal Code of the Russian Federation). In order to bring a slanderer to criminal liability in a private case, it is necessary to know his full name, to have evidence of the dissemination of knowingly false information of a discrediting nature by him. In court, you will have to prove that these fabrications about you are false.
You do not want to be prosecuted, but only to recover compensation for moral damage, fined for libel or receive an apology, then write a statement of claim to the district court. Your application will be considered in the civil proceedings (Article -152 of the Civil Code of the Russian Federation). Choose your application option. But without evidence of the defendant's guilt, the chances of winning the case are practically nil.
Surrounding third parties who have heard this slander can testify in court in your favor. Documents, audio and video recordings are accepted as evidence. Write a statement "in hot pursuit", do not forget about the statute of limitations: for administrative violations - 2 months, for minor criminal offenses - 2 years from the date of the incident.
Defamation claim
- 80% success in court. You can use the services of a professional to prepare it, or you can do it yourself with the help of a sample defamation statement. If the perpetrator of the dissemination of untrue information offensive to your reputation is known, go to court, the identity of the accused must still be established, then the application is submitted to the police.
There is no official approved libel application form; it is written in an arbitrary form, individually for each case. But there are key points that are mandatory:
- The name of the court where you are filing a claim;
- Personal information about the plaintiff (name, address, any information for communication is also desirable: fax, email address, telephones);
- Information about the defendant (name and address, contact information) or the name and location of the organization to which the claim is made;
- A detailed description of what exactly you see as an infringement of your rights, interests, humiliation of dignity, undermining your reputation;
- Listing your requirements;
- Substantiation of claims, facts, documents confirming your accusations;
- The amount of compensation for moral damage, if you present it in cash;
- List of supporting documents.
Attach copies of it to the application in an amount equal to the number of the accused and third parties, a receipt for payment of the state duty (200 rubles), copies of all application documents on which your prosecution relies.
Download sample defamation statements from the website:
Online libel claim
Slander is a fairly serious accusation, because. can cause great harm to the victim. Currently, the variety of slander spread through social networks and websites has increased. This happens because of the simplicity, speed and scale - almost the whole world, the transfer of information via the Internet. These properties open up a wide range of opportunities for criminals. It is very difficult to detect and punish them, but it is possible, acting correctly, fixing the traces of the slanderer in a timely manner.
– download here.
Keep in mind, be prepared to prove that in fact there was slander that offends your honor and dignity, and it does not correspond to reality (Article 152 of the Civil Code of the Russian Federation). When an acquittal is issued in favor of the defendant, he, in turn, will be able to sue you for unlawful criminal prosecution and recover moral damages.
