of the Criminal Code of the Russian Federation
Posted: Sun Dec 22, 2024 4:08 am
At the same time, personal opinions, even if expressed very emotionally, but without offensive passages and obscene language, do not lead to legal liability. Of course, situations are not uncommon when insults and slander are mixed "in one bottle".
On the social page of manicurist Angela, two negative reviews appeared on the same day. In the first, the customer wrote that Angela has no taste, that nail art design is "horror and nightmare", and that she will never go to her again.
In the second review, Angela is rudely called a mentally retarded even-toed agricultural mammal, they claim that she does not follow hygiene rules when working and even steals from customers.
It is understood that the author of the second review is Angela's "ex", who tried to deprive her of income in this way.
The first review is a personal judgment of an unsatisfied customer, which is certainly unpleasant for Angela, but does not lead to any legal consequences. The second is a real defamation, also full of insults.
Angela filed a complaint with the police for defamation, and with the prosecutor's office for insult. In both cases - criminal and administrative - the verdict was in her favor. The "former" was sentenced to forced labor for defamation and fined five thousand rubles for insulting Angela.
Rules for filing a defamation lawsuit
The procedure depends on the nature of the defamation - on which part of Article 128.1 the accusation is filed.
If a person is offended in a private conversation, it is a private accusation. The victim submits a statement to the magistrate.
The statement of claim under a defamatory article can be philippines business email list written in free form. Be sure to include the following:
Request to admit the case to the proceedings;
The circumstances, place, time of the incident;
Description of the incident;
Information about the victim, copies of documents proving his identity;
Information about the defendant;
List of witnesses.
The victim can ask the defamer to pursue criminal charges.
On the social page of manicurist Angela, two negative reviews appeared on the same day. In the first, the customer wrote that Angela has no taste, that nail art design is "horror and nightmare", and that she will never go to her again.
In the second review, Angela is rudely called a mentally retarded even-toed agricultural mammal, they claim that she does not follow hygiene rules when working and even steals from customers.
It is understood that the author of the second review is Angela's "ex", who tried to deprive her of income in this way.
The first review is a personal judgment of an unsatisfied customer, which is certainly unpleasant for Angela, but does not lead to any legal consequences. The second is a real defamation, also full of insults.
Angela filed a complaint with the police for defamation, and with the prosecutor's office for insult. In both cases - criminal and administrative - the verdict was in her favor. The "former" was sentenced to forced labor for defamation and fined five thousand rubles for insulting Angela.
Rules for filing a defamation lawsuit
The procedure depends on the nature of the defamation - on which part of Article 128.1 the accusation is filed.
If a person is offended in a private conversation, it is a private accusation. The victim submits a statement to the magistrate.
The statement of claim under a defamatory article can be philippines business email list written in free form. Be sure to include the following:
Request to admit the case to the proceedings;
The circumstances, place, time of the incident;
Description of the incident;
Information about the victim, copies of documents proving his identity;
Information about the defendant;
List of witnesses.
The victim can ask the defamer to pursue criminal charges.