129 article: composition, qualifying signs
Article 129 of the Criminal Code establishes liability fordissemination 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:
- A fine of up to 80 thousand rubles. or in the amount of income (salary) for six months.
- Compulsory work for 120-180 hours.
- Restriction of freedom.
- Corrective labor.
The duration of the last two sentences can reach 1 year.
In h. 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:
- Penalty up to 120 thousand r. or equal to the amount of income / salary for a period of up to a year.
- Compulsory work for 180-240 h.
- Arrest for six months.
- Corrective labor.
- Restriction of freedom.
The duration of the last 2 sentences canto reach 2 years. In the dissemination of inaccurate information, combined with the accusation of the subject in a crime considered grave / especially grave, the guilty person faces:
- A fine of 100-300 thousand rubles. or in the amount of income / salary for 1-2 years.
- Arrest up to 6 months.
- Restriction or imprisonment up to 3 years.
Art. 129 CC: Comments
In the category of attacks on honor and dignity,and the reputation of the 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 precise 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 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 comprehension of his intellectual and moral qualities, his position in society.
Dissemination of information
Any form of information messageat least one subject, except the most affected. 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 feature is mandatory for the qualification of the act under the rule in question. It does not matter who acts as the author of information that does not correspond to reality. It may be the person himself brought to justice, or another person from whom the culprit heard the information.
129 Article applies in cases where information,spreading guilty, are 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 must 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, the responsibility for encroachment on a person's private life was established. Thus, the conditions under which defamation is punishable at the present time have been determined.
As before, the article for libel consists of threeparts. 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 inaccurate 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 the existence of a false accusation of committing an act that is considered grave or especially grievous.
Does not form a composition of the act of the threat of proliferationunreliable defamatory information. Meanwhile, it can act as a means of committing other crimes. For example, it may be coercion to sexual contact, involvement in prostitution, extortion, suicide, and so on.