Today we have to find out what punishment is imposed for libel in Russia. It's hard to believe, but it's a criminal offense. In the Russian Federation, the rights and freedoms of the individual, as well as her interests, are protected quite seriously. Not everyone knows what will be faced with insult or libel. Defaming the honor and dignity of citizens in Russia is prohibited by law. Or you will have to face several types of punishments. Which ones? On what features of the legislation will have to pay attention in the situation under study?
At the legislative level
It has already been said that in Russia the punishment for slander is laid down by law. Moreover, this is a criminal offense. Accordingly, a full list of sanctions can be found through the Criminal Code of the country.
To date, there are several separate articles in this set of laws. This is article 319 and art. 336 of the Criminal Code. Earlier in Russia, the Penal Code provided for the appropriate punishment under Article 130. But more recently, more precisely, since 2012, for the ordinary population, administrative sanctions have been introduced.
What does it mean? The thing is that the punishment for slander is now regulated mainly by the Code of Administrative Offenses. The corresponding sanctions are prescribed in Article 5.61.
First, it is worth paying attention to the article that has expired. Namely, at the station. 130 of the Criminal Code. It was in it prescribed all measures of punishment of people who decided to discredit the honor and dignity of a citizen. What rules were in effect until recently in Russia?
The punishment for libel and insult was varied. In practice, most often, a fine was imposed in various sizes. But what exactly and in what cases was it supposed?
Based on the text of Article 130 of the Criminal Code of the Russian Federation, it can be concluded that:
- For the insult it was necessary to pay up to 40,000 rubles or to lose earnings for 3 months maximum. As an alternative punishment, compulsory work lasted no more than 120 hours. Corrective labor could reach half a year, and restriction of freedom - 12 months.
- Public insult demanded the payment of a fine. Its size could reach 80,000 or be expressed in earnings for six months. Obligatory work was prescribed up to 180 hours in total, correctional - for a year. If there was a restriction of freedom, it lasted a maximum of 24 months.
It was this punishment for slander and insult of the person that was envisaged until 2012 in Russia. But, as has already been said, now the corresponding criminal liability is provided only in individual cases.
When there is a criminal liability
In which cases? When it is required to apply to the Criminal Code of the Russian Federation for libel or insult? For some time, only two cases provide for the corresponding liability.
The first is if the crime was committed against a serviceman. Then you have to turn to Article 336 of the Criminal Code. The second - if it is a question of insulting a representative of power. In this case, the 319th article of the relevant code will help. But what do they provide?
What punishment for defamation, as well as for insulting a serviceman, is supposed to be incurred by a citizen? It all depends on the situation. The main thing is that according to this article there are no penalties.
If one serviceman insulted another during the period of service or performance of military duties, he would have to accept the restriction of military service. Suspended from the performance of duties may be for a period not exceeding 6 months. Also, the culprit can be kept in the disciplinary military unit of the same time.
When there was an insult of a serviceman with the participation of a superior (it does not matter who is to blame), removal from military service or placing the perpetrator in a special disciplinary military unit is deemed necessary. How much? Punishment for libel and insult of the person in this case can last up to 12 months inclusive.
Also worth paying attention to the insult, which was carried out against a representative of the authorities. As already mentioned, this is article 319 of the Criminal Code of the Russian Federation.
Based on its text, it can be concluded that one of the following punishments is imposed for public insult of a government representative:
- A fine of up to 300,000 rubles (or a citizen's earnings for 3 months);
- Mandatory work - 360 hours maximum;
- Correctional labor - 12 months.
No more norms are envisaged. But the Criminal Code of the Russian Federation has a separate article. It is called "slander". It goes under the number 128.1. What does it foresee?
Slander can be punished in a variety of ways. The thing is that much depends on the situation. And from a judicial decision. After all, it is the court that sets the specific punishment for the offender. What are the options for the development of events under the law?
According to Article 128.1 of the Criminal Code of Russia, one can hope for the following penalties:
- Usual slander. It is punishable by a fine of up to half a million or expressed by the half-yearly earnings of the defendant. Alternative - compulsory work for 160 hours.
- Public slander. The fine in this case is 1 million (earnings per year) or expressed in compulsory work of 240 hours.
- Defamation with the use of his position in society (official). A fine of up to 2 000 000 (or any income of the defendant for 24 months), work of compulsory type - 320 hours.
- Slander associated with the presence of a citizen of a dangerous disease or with the commission of a crime of a sexual nature. Compulsory work is 400 hours. A fine is increased by 1 million compared to the previous version. That is, it will be 3 000 000 or it can be expressed by the profit of the condemned for 3 years.
- Slander, which indicates a person committing a grave or especially grave crime. Work will have 480 hours maximum. Either pay a fine, which is 5,000,000 maximum. The court can withdraw from the citizen income for 3 years.
Accordingly, this is the way libel is punished. Article punishment is determined by these rules. But the exact decision remains with the court. Each case is dealt with on an individual basis.
But that is not all. The thing is that there is an article in the Code of Administrative Offenses for libel (insult of a person). The punishment will be of an administrative nature. As a rule, it is expressed in penalty payments in various sizes. Why prepare?
Article 5.61 prescribes the following norms:
- A common insult obliges citizens to pay a fine in the amount of 1000-3000 rubles, officials - to pay 10-30 thousand, legal entities - 50-100 thousand rubles.
- Public insult. It requires payment of 3-5, 30-50, 100-150 thousand rubles from ordinary citizens, officials and legal entities, respectively.
- It also punishes the failure to take measures that would help prevent the emergence of public insults in the media. Officials in this case pay 10-30 thousand, and organizations - 30-50 thousand.
Now it is clear, what kind of punishment for slander or insult the citizen will incur in this or that case. In fact, everything is quite easy and simple. It is enough to know some of the basics of Russian legislation.