The article "Slander" of the Criminal Code of the Russian Federation has undergone significant changes lately. It came to the point that the legislator did not consider it possible to amend the already existing norm. Therefore, it was decided to create a completely new rule of conduct. About these changes, as well as the significance of this rule, we'll talk in this article.
Article "Defamation" of the Criminal Code of the Russian Federation: what is at the moment?
The society inevitably develops, new relations, objects, and also rights appear. Some crimes lose their social danger, and therefore the relevant articles are excluded from the legislative acts. Certain acts acquire the status of unlawful, therefore the Criminal Code is filled with fresh bans. The signs of certain crimes are changing, so the laws are amended. So, initially there was article 129 of the Criminal Code of the Russian Federation "Slander". It consisted of only three parts. The first was common to the rest, the second was supplemented by a sign of publicity of the reservation, and the third clarified the content of the insinuation, in which the victim was accused of committing a grave or especially grave crime. Such an article "Slander" of the Criminal Code of the Russian Federation continued its validity until 2011. Subsequently, it was replaced by a different norm. Currently, the article "Slander" of the Criminal Code of the Russian Federation is number 128.1. Let's talk in more detail about the new edition of the norm.
Article "Slander" of the Criminal Code: a characteristic
What act is committed in the process of this crime? The objective side of slander is always action. It is expressed in the deliberate dissemination of incorrect, invalid fabrications that discredit the honor and dignity of a certain person or spoil his name, reputation. In this case, it is enough to denigrate a person only before one person. It is important that this person is not the victim himself. In this case, there is an insult, but not slander. And now back to comparing the old and the new rules. In the present edition of the article the following qualifying signs are added:
- Use of the official position by the guilty;
- Specificity of the reservation: the message that the person is a danger to other people due to a special disease or whether he committed a crime that is of a sexual nature.
Due to the changes that have taken place, now the rule on insinuations contains 5 parts.
Slander in Administrative Law
Previously, such an act was not criminalized in Russia. The responsibility for this offense was only administrative. Currently, "slander" - an article of the Criminal Code of the Russian Federation. Legislator's comments on such a change boiled down to the fact that punishment for such acts should be toughened, that earlier his public danger was significantly diminished. At present, this action refers to crimes directed against the honor and dignity of a person. Defamation can inflict prolonged suffering on the victim, cause moral damage, and permanently damage his reputation. There may also occur consequences in the form of various diseases. Therefore now there is no such offense as slander in the administrative law of Russia.