Definement: Sample

Slander is not uncommon in modern society. It is usually expressed in oral, writing, via the Internet, the media. The slander, spreading fraudulent fabrications, in order to lay out another civilian, undermine the reputation, suffers criminal liability under the article 128.1 Slander of the Criminal Code of the Russian Federation. Make a statement of claim, do not leave a crime with impunity.

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New law of the Criminal Code of the Russian Federation about slander

Act about adding amendmentsome articles of the Criminal Code of the Russian Federation signed by the President of the country 28.07.2012. It indicates the need to add to the Criminal Code articles 128.1. About responsibility for slander, in other words, for the dissemination of fraudulent information that is disrupted by the honor and dignity of citizens.

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Punishment for slande

Punishment for slander - corresponds to the article 128.1 Criminal Code. The court appoints depending on the composition of the crime: a fine of up to 500,000 rubles in size, in the amount of wages, other income for the specified period (up to six months) or mandatory work not more than 160 hours. When accomplishing particularly serious crimes related to slander 5 million rubles. And also increases the time of correctional work, it reaches 480 hours.

At the same time, with a statement in the police, the victim can file a statement of claim to obtain a compensation for moral damage. The amount of compensation is not calculated, the plaintiff has the right to set the amount he considers sufficient to compensate for harm inflicted.

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Actions to protect against slander

If you think that you were slandered, caused the damage to the business reputation, thus making you moral and material damage, should apply for the abuser to the world judge ( article 128.1 of the Criminal Code of the Russian Federation). To attract slander to criminal liability on a particular case, it is necessary to know his name, to have evidence of the dissemination of them knowingly false information of the discharge. In court to prove that these fabrications are false about you.

You do not want to prosecute to criminal liability, but only to recover compensation for moral damage, finfing for slander or apologize, then write the statement of claim to the District Court. Your application will be reviewed in the Civil Procedure (Art. 151–152 of the Civil Code of the Russian Federation). Application option Select yourself. But without evidence of the defendant's guilt, the chances of winning the case are almost equal to zero.

To testify in court in your favor can surrounding third parties who heard this slander. Documents, audio and video records are accepted as evidence. Write a statement "on hot pixels", do not forget about the limitation period: for administrative violations - 2 months, for minor criminal offenses - 2 years from the day.

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Cruise claim

Corrected claims - 80% success in court. When preparing it, you can use the services of a professional or do it yourself using a sample of a slander application. If the guilty of spreading infant offensive information is known for your reputation, please contact the court, the personality of the accused must still be established, then the application is submitted to the police.

The official approved form of a deflection of a slander does not exist, it is written in an arbitrary form, individually for each case. But there are main items that are mandatory:

• The name of the court where you appeal to the claim;
• Personal information about the claimant (FULL Name, address, any information is also desirable for communication: fax, email address, telephones);
• Information about the defendant (FULL NAME and address, communication information) or the name and location of the organization to which the claim is presented;
• Detailed description, what exactly you see the infringement of your rights, interests, humiliation of dignity, a submission of reputation;
• Enumeration of your requirements;
• Justification of claims, facts, documents that serve as confirmation of your accusations;
• The amount of compensation of moral damage, if you place it in cash;
• List of confirmation documents.

To the application, attach its copies in an amount equal to the number of accused and third parties, a receipt for the payment of state duty (200 rubles), copies of all the application documents on which your accusation relies.

Download from the site samples of slander applications:

• Statement in the prosecutor's office;
• Statement in the police;
• About criminal prosecution;
• About the initiation of a criminal case;
• About protecting honor and dignity;
• On moral damage compensation;
• The world judge from the representative of LLC.

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Application for slander on the Internet

Slander - a fairly serious accusation, because It can cause huge harm to the victim. Currently, a variety of slander disseminated through social networks has increased, websites. It happens because of simplicity, speed and scale - almost the whole world, information transmission over the Internet. These properties open a wide range of possibilities before criminals. It is very difficult to detect and punish them, but perhaps acting correctly, in a timely manner fixing the flaps of the slander.

Application for slander on the Internet - Download here.

Consider applying to the court, be prepared to prove that in fact there was a slander, taking your honor and dignity, and it does not correspond to reality ( article 152 of the Civil Code of the Russian Federation). When making an exclusive sentence in favor of the defendant, he in turn will in turn will be able to submit it to the court for illegal attraction to criminal responsibility and recover the compensation of moral damage.