129 article: composition, qualifying signs

Article 129 of the Criminal Code establishes responsibility for the dissemination of inaccurate information discrediting the dignity and honor of another entity or undermining its reputation. Normally, general and qualifying compositions are provided. Let us consider them in more detail.

Art. 129 CC. "Slander"

For the dissemination of inaccurate information that defames the honor and dignity of a person, and also damages his reputation, the perpetrator is threatened:

1. A fine of up to 80 thousand rubles. Or in the amount of income (salary) for six months.
2. Compulsory work for 120-180 hours.
3. Restriction of freedom.
4. Corrective labor.

The duration of the last two sentences can reach 1 year.

Qualifying compounds

In Part 2, Article 129 of the Criminal Code establishes penalties for the dissemination of inaccurate information damaging the reputation, discrediting the dignity, the honor of the person in public speaking or demonstrating the work, as well as in the media. For the specified acts are provided:

1. A fine of up to 120 thousand rubles. Or equal to the amount of income / salary for a period of up to a year.
2. Compulsory work for 180-240 h.
3. Arrest for six months.
4. Corrective labor.
5. Restriction of freedom.

The duration of the last 2 sentences can reach 2 years. When disseminating unreliable information combined with the accusation of a subject in a crime considered grave / especially grave, the guilty person faces:

1. A fine of 100-300 thousand rubles. Or in the amount of income / salary for 1-2 years.
2. Arrest up to 6 months.
3. Restriction or imprisonment up to 3 years.

Art. 129 CC: Comments

The category of attacks on honor and dignity, as well as the reputation of a person, traditionally includes two members. The first wrongful act is an insult, in the second - slander. The definition of the latter in the current version of the Code is more accurate than it was in the previous one. In the legislation of the RSFSR, punishment was imposed for the dissemination of knowingly unreliable fabrications that disgraced another person. 129 Article clarifies the nature of the information, but it does not change the existing ideas about the method of committing an act.

Honor and dignity

These two categories are closely related. 129 the article does not distinguish between these concepts. Punishment is established regardless of whether the reputation, dignity or honor was damaged. All these categories have their own characteristics. In particular, honor is usually understood as a positive evaluation of a person, recognition of her moral and social qualities by other citizens. Dignity is associated with a person's awareness of his intellectual and moral qualities, his position in society.

Dissemination of information

They consider any form of reporting information to at least one subject other than the victim himself. To qualify an action it will not matter who exactly got the information. It can be relatives, acquaintances or strangers. 129 article indicates the presence of falsity in the disseminated information. This attribute is mandatory for the qualification of the act under the rule in question. It does not matter who acts as an author of information that does not correspond to reality. This may be the person himself brought to justice, or another person from whom the culprit heard the information.

Nuance

129 Article applies in cases where information disseminated by the culprit is false. In the considered norm there is an indication of knowl- edge. When qualifying, it is important that the perpetrator understand that he reports information that does not correspond to reality. At the same time, the crime punishable by article 129 should be distinguished from defamation. The latter is a public dissemination of information, regardless of whether they are true. In the pre-revolutionary era, defamation was qualified as an independent act. In criminal law, it was not envisaged. This was justified by the fact that private life in a socialist society should be accessible to criticism. Her inviolability was categorically rejected. The Constitution of the Russian Federation changed the approach to the private life of the person. The basic law enshrines the inviolability of personal, family secrets. In this case, in Art. 137 of the Criminal Code of the Russian Federation, responsibility for encroachment on a private life of the person has been established. Thus, the conditions under which defamation is punishable at the present time have been determined.

Qualifying signs

As before, the article for libel consists of three parts. However, the current version contains a slightly different content of qualifying compounds. Has ceased to have an independent meaning of the form of presentation of unreliable information. Previously, the norm contained an indication of the presence of false information in a work that was printed or otherwise. The current version of the Criminal Code focuses attention on the public nature of the communication of unreliable information. It is reflected in part two. It establishes a punishment for slander, which is present in a public statement or a demonstration of the work, as well as in the media. Part three includes a specified, highly qualified composition. In the content of the norm there is an indication of a false accusation of committing an act that is considered grave or especially grievous.

Additionally

Does not form a composition of the act of the threat of dissemination of unreliable defamatory information. Meanwhile, it can act as a means of committing other crimes. For example, it can be coercion to sexual contact, involvement in prostitution, extortion, suicide, and so on.