How not to become a defendant under article 128.1 of the Criminal Code of the Russian Federation “Slander” for repost
The law enforcement practice begins to take shape, according to the article 128.1 “Slander” recently introduced into the Criminal Code of the Russian Federation (Federal Law of 28.07.2012 N 141-). It is noteworthy that the "pioneer" under this article, apparently, was destined to become one of the sites in the city of Arkhangelsk, which published the news In NArFU, another corruption scandal is ripening . This site is called Anti-Corruption Monitoring.
The rector of the Northern Arctic Federal University filed a statement with the city prosecutor's office about bringing those responsible for publication (not only the author of the article, but also those who repost this article) to criminal liability. The police have already received information from reg.ru about the owners of the domain names of the sites and are collecting explanations to consider the issue of a criminal case.
Undoubtedly two circumstances seem strange:
1. Why NArFU lawyers filed a claim only with the owners of two sites that published the article:
akm.ru (source of publication) and pravda29.ru (posted repost with reference to the source of publication),
and at the same time over 40 users of LiveJournal, VKontakte, etc., who also rewrote this article, were overlooked;
2. Why the NArFU doesn’t file a lawsuit against another source of publication - TV and Radio Company of Severodvinsk (see video report )
What can be said about this:
1. With the introduction of this article in the Criminal Code, a bold cross was put on the free dissemination of information, not only on the free expression of opinions, but also on the “banal” repost of one or another article.
2. Considering that the previous article 129 “Slander” in the Criminal Code is a “mirror copy” of article 128.1 re-introduced in the Criminal Code, before posting, copying (reposting) or posting a link to a “scandalous” article on your website, you should remember a few moments from judicial practice and try to adapt to already rendered court decisions:
')
The cassation determination of the Lipetsk Regional Court of July 12, 2011 in case N 22-1201 / 2011
According to the court, referred to h. 1, Art. 129 of the Criminal Code of the Russian Federation, within the meaning of the law, criminal responsibility for defamation occurs if the guilty person knowingly realized the falsity of the information provided to them , discrediting the honor and dignity of another person or undermining his reputation, and wanted to distribute it.
Determination of the Moscow Regional Court of 19.05.2011 in case No. 22-3443
The court, explaining the application of h. 1 Article. 129 of the Criminal Code of the Russian Federation, noted that widespread defamatory information should contain a description of specific facts , events, and not a general assessment of personal qualities or behavior of another person, evaluative judgments.
Determination of the Perm Regional Court of 04/05/2011 in case N 22-2223
According to the court, within the meaning of the law, criminal responsibility for defamation occurs if the guilty person knowingly realized the falsity of the information provided to them, discrediting the honor and dignity of another person or undermining his reputation, and wanted to disseminate it. If a citizen is convinced that the information that he disseminates contains truthful data, although in reality they are false, he cannot be held criminally liable under art. 129 of the Criminal Code.
Resolution of the Presidium of the Moscow Regional Court of 09.02.2011 N 48 in case N 44U-23/11
According to the court, within the meaning of the law, the liability under Part 1 of Art. 129 of the Criminal Code of the Russian Federation can occur only in the case when the guilty party spreads the disgracing face fabrications, knowing that they are false. Insult is a negative characteristic of the victim’s personality, expressed in an indecent form, which has a generalized character and degrades his honor and dignity. Slander, as a crime, can only be committed with direct intent. The lack of direct intent to commit these actions indicates the absence of the subjective side of the crime, and, consequently, of the very elements of the crime, under Part 1 of Art. 129 of the Criminal Code.
Take care of yourself, friends!
P / S is a small note. Article 128.1 of the Criminal Code of the Russian Federation “works” only in the event of defamation of an individual. In respect of legal entities, the Civil Code of the Russian Federation should be guided.
The rector of the Northern Arctic Federal University filed a statement with the city prosecutor's office about bringing those responsible for publication (not only the author of the article, but also those who repost this article) to criminal liability. The police have already received information from reg.ru about the owners of the domain names of the sites and are collecting explanations to consider the issue of a criminal case.
Undoubtedly two circumstances seem strange:
1. Why NArFU lawyers filed a claim only with the owners of two sites that published the article:
akm.ru (source of publication) and pravda29.ru (posted repost with reference to the source of publication),
and at the same time over 40 users of LiveJournal, VKontakte, etc., who also rewrote this article, were overlooked;
2. Why the NArFU doesn’t file a lawsuit against another source of publication - TV and Radio Company of Severodvinsk (see video report )
What can be said about this:
1. With the introduction of this article in the Criminal Code, a bold cross was put on the free dissemination of information, not only on the free expression of opinions, but also on the “banal” repost of one or another article.
2. Considering that the previous article 129 “Slander” in the Criminal Code is a “mirror copy” of article 128.1 re-introduced in the Criminal Code, before posting, copying (reposting) or posting a link to a “scandalous” article on your website, you should remember a few moments from judicial practice and try to adapt to already rendered court decisions:
')
The cassation determination of the Lipetsk Regional Court of July 12, 2011 in case N 22-1201 / 2011
According to the court, referred to h. 1, Art. 129 of the Criminal Code of the Russian Federation, within the meaning of the law, criminal responsibility for defamation occurs if the guilty person knowingly realized the falsity of the information provided to them , discrediting the honor and dignity of another person or undermining his reputation, and wanted to distribute it.
Determination of the Moscow Regional Court of 19.05.2011 in case No. 22-3443
The court, explaining the application of h. 1 Article. 129 of the Criminal Code of the Russian Federation, noted that widespread defamatory information should contain a description of specific facts , events, and not a general assessment of personal qualities or behavior of another person, evaluative judgments.
Determination of the Perm Regional Court of 04/05/2011 in case N 22-2223
According to the court, within the meaning of the law, criminal responsibility for defamation occurs if the guilty person knowingly realized the falsity of the information provided to them, discrediting the honor and dignity of another person or undermining his reputation, and wanted to disseminate it. If a citizen is convinced that the information that he disseminates contains truthful data, although in reality they are false, he cannot be held criminally liable under art. 129 of the Criminal Code.
Resolution of the Presidium of the Moscow Regional Court of 09.02.2011 N 48 in case N 44U-23/11
According to the court, within the meaning of the law, the liability under Part 1 of Art. 129 of the Criminal Code of the Russian Federation can occur only in the case when the guilty party spreads the disgracing face fabrications, knowing that they are false. Insult is a negative characteristic of the victim’s personality, expressed in an indecent form, which has a generalized character and degrades his honor and dignity. Slander, as a crime, can only be committed with direct intent. The lack of direct intent to commit these actions indicates the absence of the subjective side of the crime, and, consequently, of the very elements of the crime, under Part 1 of Art. 129 of the Criminal Code.
Take care of yourself, friends!
P / S is a small note. Article 128.1 of the Criminal Code of the Russian Federation “works” only in the event of defamation of an individual. In respect of legal entities, the Civil Code of the Russian Federation should be guided.
Source: https://habr.com/ru/post/167967/
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