Advice 1: How to sue the person for slander

Slander is called common initially false information aimed at discrediting a person. May be oral or written, individual or mass. The assurances of the lawyers to prove in court that you are faced with the slander, is problematic. However, to sue the offender for the crime is still possible.
How to sue the person for slander



The difficulty in proving that you are faced with the slander, is that such a crime simply to be confused with an insult. It's estimated the legislation is much simpler and carries no real penalties in the form of detention.

To bring the case to court under article 129 "Libel", you need to very carefully collect all of the evidence. Information that discredits the honor and dignity of the person and fall under article of the criminal code, should be documented. For example, these can be newspaper clippings, record of television programs, blogs and Internet Postings, copies of worksheets public speaking, etc. In case, if there is a problem with the search for such information, such as a blog or a message was deleted, you can contact the site to request help with recovering your data.

If slander was promulgated by one person to another without the presence of third parties, to prove his involvement in the Commission of a crime would be virtually impossible. It is therefore necessary to record all received from this man's data recorder or a hidden camera.

In order to sue the person for slander, you need to clearly distinguish discrediting the honor and dignity information and the usual insulting words. For example, the phrase "stupid student" slander will not be considered, even if the student is a winner of various awards and winner of numerous diplomas. If about the person say that he stole from the cash register of your accounting money, at a time when he was in the hospital and could not to go there - this could be regarded as slander.

However, to indict the accuser will not work in those cases if it has spread management, though, and undermining the reputation of another person, but at the same time, data untrue. Also, if a person reported information about the other, considering them to be reliable. And to punish the offender does not work in that case, if they distributed false information was not damaging the reputation of another.


Advice 2: How to attract for libel

Liability for defamation is envisaged in article 129 of the Criminal code of the Russian Federation. If the culprit who disseminated knowingly false information that undermines your reputation and discrediting the honor and dignity known, you can go to court. If not to law enforcement agencies to identify and bring to justice.
How to attract for libel
You will need
  • - evidence of dissemination of false information (documents or media, where they are held, a notarized printout from the information posted on the Internet, witness testimony, if the slander was spread orally);
  • - a claim in court or statement to law enforcement authorities (police, prosecutors), if the perpetrator is unknown to you.
Instruction
1
When considering the case of defamation the task of the victim - to prove the fact of its distribution. This will require documentary evidence to accept this as investigative authorities and the court.
They should be attached to the lawsuit or statement to law enforcement.

Form of evidence depends on the method that was used to spread slander.
2
Recently the subject of legal proceedings is increasingly becoming the information available on the Internet. To confirm its distribution not a simple print. Need a certified report of survey of the site. This service is provided by many notaries. It is not cheap, but if you win the case you can relate these costs to the account of the defendant.
3
The easiest way to prove defamation in the media. In this case, it is sufficient to present the court with a newspaper or magazine publication, audio recording, radio and video - TV shows.

Will not be superfluous to propose revision to resolve the issue in the pretrial order by sending a written proposal to publish the refutation.
Specify when, in what room print or online publications, what publications (program plot) was spread information that, in your opinion, is not true.

Send to editorial office address with return receipt requested. In the case of ignoring your request or refusal to satisfy it, you can safely apply to the court for revision.
4
For the dissemination of the defamatory information can be used by flyers. If they pasted anywhere in a conspicuous place, take a picture of them to read the text with digital technology of photography is allow).

Also try to remove the leaflet with minimal damage to attaching to the case as evidence.

If the leaflets distributed in mailboxes or scattered on the streets, useful testimony from those who found them.
5
If the slander was circulated orally, without witnesses is not enough.

Gain their agreement to testify in court and, if necessary, the interrogation in law enforcement. Take them ' and specify in the petition or appeal to law enforcement agencies.

To declare the petition for attraction of the witness at the beginning of the hearings in court, and in some cases during the process.
6
When applying to the court apply according to the jurisdiction (usually the defendant's domicile - legal persons and physical residence) the judge whose jurisdiction includes the address of the domicile or residence of the defendant.

Pay state duty (Bank details and the size can be specified in the court office). If the decision in your favor, you can recover it from the defendant, among other legal costs.
7
In the lawsuit, set all the circumstances of the incident: when and how, who was spread information, which you consider to be slander, what (down to the verbatim quote) that is not true.
8
After making a claim be prepared to attend all hearings and defend their position. And turning to law enforcement to cooperate with the investigation.

Advice 3: How to prove libel

Slander is defined as spreading false information that threatens the honour, dignity or reputation of another person. Slander is a criminal offence, the penalty – the penalty to 80 thousand roubles or in the amount of six salaries of a convicted person the mandatory work up to 180 hours, or correctional works up to 1 year. These measures can be increased depending on the severity of the crime. But how to prove libel and what it will take for the documents?
How to prove libel
You will need
  • contact witnesses,
  • technical devices for recording of slander,
  • clippings from Newspapers or magazines containing defamatory
Instruction
1
Find witnesses who can attest to the fact that you have slandered. As a rule, the citizen is violating the rights of another person in relation to the integrity or threatening his reputation, slander more than once. Prepare yourself for the lawbreaker in advance. Let his word "vypadki" hear the neighbors on the landing, your mutual friends or colleagues, and just random passers-by. Be sure to find these witnesses, ask for their home address and if possible, find a contact phone number. If they are summoned to court, they will be required to testify truthfully, otherwise they face prosecution.
2
Wearing a recording device. Will fit an ordinary audio player or mini-camera, for example, in the mobile phone, which is always at hand. Once again, record libel on an audio or video device. Rewrite the speech of the offender on the disc or audio cassette and guide the examination of the authenticity of the recording. It will be considered as the most powerful argument at trial. To refute his words and deeds the perpetrator is unlikely.
3
Be sure to print or cut out those media publications that threaten your reputation. These printed materials can also serve as the evidence base slander.
4
Collect all the proofs in one envelope and send by registered mail to the police or contact the court to request punishment of the offender. Don't forget to formulate and state in writing the consequences of the defamation, if any. For example, if the slander has hurt your career and after a false accusation you fired or demoted, this fact is usually displayed in the employment contract. So make all copies of their employment contract or employment record card about dismissal.
Note
Libel to prove quite difficult in the absence of published false information or audio and video recordings of slander. Therefore, in order to win the case, it is better to seek help from a qualified lawyer.
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