Defamation case! Crime and Punishment.

Defamation. Website: We are on google maps: Legal services (whatsapp, telegramm) 7-909-961-19-09 Now, we very often encAounter a situation on the Net where someone communicates some statements against another person that injuries their personal and public reputation. As a rule, this information is not true. So these actions are referred to as defamation. There are 4 criteria, in the presence of which, in the classical sense, defamation is punishable from the point of view of the criminal law: the information is public, it is knowingly false; the information is discrediting; the data concern the particular person. The defining feature of defamation is that the statement must be made knowingly false, that is, we are talking about intent. If you communicate information about the person who committed a murder, and he or she really did it, then this action will not be defamation. If you reported actions that are untrue, then it is defaming. Until December 30th, two thousand twenty, the sanctions under this article did not provide for punishment in the form of imprisonment. Community service or fines were prescribed. And beginning from December 30, changes were made to this article, namely, a punishment in the form of imprisonment appeared. This article 128.1 of the Russian Criminal Code in the new edition contains 5 parts, which provide for different penalties depending on the crime circumstances. The maximum and most severe punishment for defamation is provided for in part 5 of Art. 128.1 of the Criminal Code – up to 5 years in prison. It sounds like this: “Defamation, combined with the accusation of a person of committing a sex crime, or a grave or especially grave crime, is punishable by a fine of up to five million rubles (70 000 usd), or by imprisonment for up to five years.” When can we consider this crime completed? Since what moment? Defamation as a crime is recognized as completed from the moment of communicating a false statement to at least one person. Communicating such a statement directly to the person concerned, without other persons involved, is not considered to be a crime. The article refers to the dissemination of deliberately false information that “discredits the honor and dignity of another person, or injuries their reputation”. If we reveal these concepts in more detail, honor is understood as social and moral dignity, what causes and maintains public respect, and a sense of pride. Dignity refers to a set of properties that characterize high moral qualities, as well as awareness of the value of these properties and self-respect. Reputation is an opinion created in society about the merits and demerits of a person’s abilities. Note that this is how judicial and law enforcement agencies understand these categories in their practice. How are such proceedings initiated? These cases are private prosecutions; it means this kind of proceeding is initiates by a victim. In modern time of widespread IT and the rapid dissemination of information, defamation is most often found on the Internet. First of all, the question arises of proving the guilt. Evidence can be quickly removed from the Net, social media, etc. So, the evidence must be taken care of in advance. You should draw up a protocol with the help of a notary to prove the information was communicated online. This will be the evidence to bring the perpetrator to justice. If you are the aggrieved party, you need to prepare evidence, apply to the justice of the peace to bring the accused to criminal liability and independently represent the prosecution in court. In addition, the victim may file a lawsuit in court for the protection of honor and dignity or business reputation in civil proceedings. Judicial practice in such cases shows that the essential element of this crime is the communication of information that discredits the honor and dignity of another person, or injuries their reputation. Summing up, I wish you not to get into such situations neither as the victim nor as the defendant. If you are nonetheless faced with this, you can contact us for help in drafting documents and representing you in court. #defamationtrial #defamation #defamationcase