Why can't we blame other people for everything? How to properly respond to false accusations against you
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Libel is a criminal offense that has its own own article in the Criminal Code of the Russian Federation - 128.1. It states quite clearly that slander can be any deliberately false accusation against a person with the aim of humiliating his honor and dignity. This crime in itself is not very serious, but it can have serious consequences.
In this article we will look at two very important actions - and defense against libel charges. These two actions are not very different from each other, but they are still worth considering separately - each of them has its own characteristics.
How to protect yourself from slander aimed at humiliating honor and dignity?
Before talking about protection from this type of slander, an important note should be made - do not confuse and personal insult. Insult is a deliberate humiliation of a person’s honor and dignity. It is usually not aimed at anything and has only one goal - to harm morally and humiliate a person in the eyes of others. Insult to honor is also a criminal offense, but is treated according to a completely different scheme.
Slander is a deliberate accusation of you of some act that discredits you. And you will need to refute the information that you committed this act. This is where the problems begin, since sometimes there is simply no evidence. So you will often have to improvise. You have the opportunity:
- Find witnesses. As practice shows, there will always be someone who will confirm that you are right and testify in your favor;
- Find evidence that will prove that you did not have the opportunity to commit a disgraceful act. They can be very different and depend only on circumstances;
- Contact a lawyer. His help can be extremely useful in cases of slander aimed at humiliating honor and dignity.
How to protect yourself from slander aimed at accusing you of having a disease?
Sometimes the purpose of slander is not to point out some action, but to draw attention to the fact that you are dangerous to society due to some disease. It doesn’t make sense what kind of disease it is - a mental disorder, HIV infection, a dangerous virus or an STD - the only important thing is that it poses a threat not only to you.
In this case, it is very simple to protect yourself - go to the hospital for examination, get a conclusion about the absence of disease and present it to the court. You will not need anything more, since the certificate will be an ironclad argument and the final proof that you are right. At the same time, do not forget to demand compensation from the offender if the examination was carried out for money.
How to protect yourself from being accused of a crime?
If you are called involved in a crime, then you should approach the issue of defense more responsibly. First of all, hire a lawyer - he will prevent you from making a mistake and will help you organize your defense and collect evidence. Remember - the lawyer will be your advocate throughout the entire case, and the outcome of the case largely depends on him. So choose a specialist wisely.
Your second step is to start cooperating with the investigation. If you have been accused of a serious crime, then an investigation will certainly be carried out, during which you will be contacted more than once with an explanation. Give evidence, participate in proceedings and take initiative.
And last but not least - . Audio and video materials, documents, witness statements. Every piece of evidence will tip the scales in your favor. And especially obvious evidence will easily clear you of charges.
You are accused of slander. What to do?
The reverse situation is also very interesting. So, charges of libel have been brought against you. This is also an extremely unpleasant statement, since I am accusing you of committing a crime. The first step is to contact the person who filed the complaint and find out if there was a misunderstanding, since most cases of defamation allegations turn out to be simple misunderstandings.
Advice
If you are really accused of libel, but you know nothing about it, then it is worth starting proceedings on the accusation itself. If the accusation took place, then it will be necessary to prove that it is not false.
An accusation of libel in the event that there was no accusation. What to do?
Sometimes it happens that you can be accused of slander just like that - for the purpose of profit, blackmail, or other malicious intent. In this case, you should not follow the lead of the attacker, since it will be very easy to prove your innocence.
First of all, find out what evidence the accused is putting forward against you.. They either will not be valid, since they will not relate to the case, or they will be fabricated. Once you know exactly what you are accused of and what evidence is being used against you, you can begin to take action. And the first thing you need is your own performances.
If you are accused of public libel, then use the original recordings of the speech and the testimony of other participants. If you are accused of slander using your official position, then provide the original documents and decisions, or justify the accusations indicated in them from the point of view of the law. In any case, the same evidence will help you - witness statements, video and audio materials, documents.
Also in a great way to prove that there were no accusations from you will be to defend your position from the point of view that you simply could not voice these accusations. For example, if in a particular case of accusations you simply did not have the opportunity to voice them. More often than not, when the evidence is fabricated, this will be the most effective tactic.
Info
You can carry out a very complex, but at the same time effective, maneuver - to put forward a counterclaim in which you will argue that the accusations of libel against you are themselves libel. At the same time, it will be a little more difficult for you to defend yourself, since at the same time as defending your position, you will also have to prove that the charges brought against you are a deliberate lie.
What should you do if you actually pressed charges?
If you really accused a person of some action, then you will have to fight to the very end. Your main task will be to prove that your accusations are justified and that you really told the truth.
In general, the procedure is the same as for a regular accusation of something. Only the direction will change. Instead of the target of the accusation, you will need to focus on yourself. That is, you first prove that it has a basis, and then you continue to put forward it.
If you accuse a person of some offensive act, then find witnesses to confirm that this act took place. If you accuse a person of being dangerous to others, then provide the opinions of doctors and experts. The easiest way would be to prove the perpetrator's involvement in a serious crime. Just provide the investigation with your evidence, and they will do everything themselves.
Info
As you may have noticed, defending against both slander and libel charges is not too difficult. The main thing is to have a good defense in the form of a lawyer and strong evidence. However, under no circumstances should you falsely accuse anyone with malicious intent. If this happened by accident, then it is better not to continue to prove your point of view, but to admit the mistake - this way you may even avoid punishment by reconciling with the victim.
Criminal lawyer. Experience in this direction since 2006.
Anyone can be guilty. Starting from a journalist or blogger who wrote about a deputy fight, an official’s mansion, a senseless imprisonment in a pre-trial detention center, to an ordinary person who informed neighbors (“two or more”) about the lawlessness of a drunken local police officer. Million-dollar fines and the simplicity of the charges will make it possible to replenish the budget no worse than oil money.
shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to six months or by compulsory work for a period of up to one hundred and sixty hours.
How to avoid libel charges
What to do? Firstly. If the phrase that people in uniform saw really belongs to you, then under no circumstances give it up. Vice versa. Confirm your copyright and state on the record that this is your strong personal opinion.
What to do if accused of libel?
It is usually not aimed at anything and has only one goal - to harm morally and humiliate a person in the eyes of others. Insult to honor is also a criminal offense, but is treated according to a completely different scheme.Slander is a deliberate accusation of you of some act that discredits you. And you will need to refute the information that you committed this act.
This is where the problems begin, since sometimes there is simply no evidence.
Accusation of theft slander
Although the employer can file a theft report with the police. We discuss this topic in a separate article on the website.There is no point in repeating ourselves. The nuances of the charge of shoplifting were also considered separately. If the accusation comes from the “victim,” then encourage him to contact the police. In this situation, the district police officer may look for you if such a resolution was canceled, for example by the prosecutor based on a complaint from an interested person (usually the applicant), or if there is some new statement.
What to do? Firstly. If the phrase, in which people in uniform saw slander, really belongs to you, then under no circumstances refuse it.
Declare officially that, both before and now, you consider your allegedly slanderous phrase (statement) to be completely fair and corresponding to reality.
How to accuse someone of slander
Why did the article on libel return to the Criminal Code of the Russian Federation right now?Who will suffer from this first of all, and who, on the contrary, will benefit? How can citizens, especially journalists and public figures, protect themselves from possible charges of libel? What to do if you become a victim of slander?
Nashgorod.ru asked lawyer, legal analyst of the Interregional Human Rights Association “AGORA” Ramil Akhmetgaliev to comment on the provisions of the articles on libel and answer these questions: “In comparison with the previous edition of the Criminal Code of Russia, is there anything new in general definition the concept of slander did not appear.
The presence of an audio recording explains the motives for the slander committed by the stepdaughter.
How to sue for libel
Thus, people and companies waging information wars quickly took advantage of the relaxation of legislation.Therefore, libel was again reclassified as a criminal offense. In the minds of many people, there is a stereotype according to which libel means transmitting false information to a wide range of people.
At rallies, in newspapers, on television, etc. This is not true. You can be criminally punished for libel by communicating information discrediting someone’s honor and dignity to only one person.
How to prove libel in court?
Here such crimes are committed most often, and it is more difficult to bring charges of libel; through telecommunications devices such as telephones, smartphones and other devices designed for communication; in public speaking; in official papers, such as a job description or a statement to a person holding a certain position.If the information does not contain specific facts, but has only a subjective assessment, then there is no corpus delicti.
Of course, you can’t do this, but let’s imagine that you are still accused of libel.
Accused of slander, how to justify yourself?
The first thing to do after you find out about the accusations against you is not to panic. In any case, you need to know one thing - you didn’t do it, which means it’s not your fault. As you know, in most countries, and ours is no exception, there is a presumption of innocence.
Greetings, dear readers. I recommend that you immediately save this article in your browser bookmarks, because... it will help you stay calm and act soberly. Otherwise, in the desired situation, you will panic in vain. Although, if you clearly know what to do if you are unfairly accused, you can avoid many troubles. Here we will consider domestic cases that are not associated with any serious criminal or administrative prosecution.
You're in luck!
First of all, you need to immediately abandon “scary” thoughts, such as:
- how is that possible!
- What do they even allow themselves to do!
- Who is he to throw a barrel at me!
- I did so much, and here they treat me like this, where is the justice?!
Of course, you can be indignant and think in this direction. And even start figuring out how fair this is. Whether it is fair or not, whether you are accused deservedly or undeservedly, the situation is the same. And any lamentations about this do not solve it in any way. I recommend reading more about this in the articles “ The key difference between successful people and unsuccessful people" And " A couple of techniques for managing your thinking ».
And you know, unfair accusations are a completely normal, everyday (I would say natural) practice in everyday life. A lot of people were executed due to investigative errors, malicious intent, or even under fictitious pretexts. Therefore, if you are not led to the chopping block or to the execution wall, you are already lucky. I mean, it's not that bad.
To begin, simply determine what the biggest damage from the accusations will be. Often it is limited to incomprehensible “whispering” behind one’s back, without particularly affecting one’s income, one’s relationship with a loved one, or even less so one’s health. If everything is something like this, then is it even worth spending your time, nerves and mental strength on proceedings? But, let’s say, your career or business, or relationships with others, or even your freedom may actually suffer from the accusations (i.e., criminal prosecution will begin)
What should I do?
One prominent lawyer, in response to the query “I am being unfairly accused,” said: “Do you know the author? If yes, then pick up the phone right now and talk to him.”
Indeed, the key is always the source of the accusations. You need to define:
- What exactly is this person accusing you of (that is, not people in general, but he)? What exactly is he saying?
- why does he do this?
- what does he want to achieve with this?
Without knowing the main “instigator”, just ask people who told them this about you, and generally put them up to it. Adhere to an even tone and manner of communication “as equals” - in no case attack or insult the person who spread the accusations. With self-control and an even, friendly tone, you will get him talking much faster and more effectively.
Let's say you found the initiator. The reasons for his behavior can be divided into the following groups:
- misunderstanding
- personal grievances
- selfish interest and other benefits
The most important thing in the conversation is to accurately diagnose one of these causes. Therefore, let's look at how to communicate with the distributor of slanderous rumors.
Listen
First, listening carefully will help you understand the details of the accusation and identify possible inconsistencies. Secondly, establish contact with the person. In most cases, the accuser acts out of a simple misunderstanding, and not out of malicious intent. And a simple human “listen” moderates his ardor much better than exhortations and retaliatory aggression.
Keep a voice recorder
All conversations with the person making the accusations must be recorded. You can listen to them several times and pay attention to details that you missed at first. Secondly, he can tell you personally (if he acts deliberately) details that he would never disclose in public. Well, or just express your simmering grievances in person.
If there is a misunderstanding...
In a conversation, you see that the accuser simply misunderstood something, and therefore spreads erroneous information. You simply find out on what grounds he decided this way, and then find refutations of them and explain them to him. If in at the moment he doesn’t accept your arguments, it’s just that after a while you post them again, and maybe you find new ones.
For example:
- “Why did you decide that it was I who stole the money?”
- “It’s just that no one else stayed in the office except you. Yes, you yourself said that you are planning a trip, but don’t have enough money.”
- “What amount are we talking about?”
- "5 million rubles"
- “What bills? What does the guard say about the moment when I left?”
- “In bills of 5 thousand and 1 thousand. Security doesn't say anything. As we came in, so we left."
- “So, there are at least a thousand bills, and most likely much more. Tell me, is it possible to take this money out unnoticed without a bag and without a bag if you are wearing only a shirt and trousers?
- “Well, theoretically you can stuff them under your shirt...”
- “Unnoticed by the guards, right?”
- “Well, then I don’t know...”
- “Well, look, I’m now successfully completing a project, for which I will be paid a good fee, and also promised a raise. In light of this, is it beneficial for me to stain myself like this?”
- “Probably not...”
- “It’s probably worth checking more thoroughly.”
This is just an example of a dialogue, since it often takes some time to find compelling arguments (it’s not always possible to voice them right away).
If you are unable to find arguments on your own, and the case takes a serious turn, you should contact a lawyer or private detective.
If it's malicious...
If someone unfairly accuses you
come to him and deserve it
Let's say you understand that someone is deliberately spreading accusations that could cause real harm. First, in this case, try to bring him into a frank conversation in order to understand why he needs this, and why he organized himself against you. Perhaps the person holds some personal grudges against you simply because he has imagined something about you. Well, if you bring him back to reality, maybe he will understand that you are not such a “sausage”. And this will encourage him to give up his bullying.
The conversation must be recorded. If he openly shows personal interest, or even lets slip about his true intentions, all this will be recorded on a material medium. And the records already have real legal force. After this, you set a condition for him: either the recording becomes publicly available, or he terminates his shares. By the way, slander is a criminal offense, so you may well threaten to contact the police.
In parallel with this, you must immediately begin collecting evidence to refute your guilt (receipts showing that you were far from the scene of the crime).
It is also necessary to look for other sources of compromising evidence on the person who is maliciously spreading accusations - it is quite possible that he has sins that he would like to hide from publicity. This means he can drop the unnecessary accusations.
We respond correctly to false accusations against us.
Due to various circumstances, we are periodically subjected to verbal attacks.
When the accusations are unexpected, we feel awkward, we are not protected, and therefore we panic, and we can no longer control our behavior as we would in a calm state.
And we panic because we know little about human psychology, we know little about the world.
We often accept other people's rules of play without knowing them. As they say, if a person agrees to play by rules that he does not know, he is a loser.
The first thing you should do in a situation where you hear false accusations against you is to maintain composure and inner calm. You are innocent - that's the main thing. Everything else is trifles.
Secondly, you cannot resist the accuser by acting chaotically. It is necessary to think through every word. Wrong words can cause you great harm.
And then you need to act based on the severity of the charges, the strength of psychological pressure, the damage that may be caused to you, the responsibility that you will have to bear, etc.
If a person wants to find out some information from you, then you can react adequately - give the person what he wants to know.
If a person is irritated and deliberately suppresses your personality, then you can react in the same way.
You need to defend yourself, but the method of repelling a psychological attack (pressure) is chosen each time based on the specific situation.
How best option- humor, irony, sarcasm, if you have the appropriate mood and energy. If you yourself are currently in a difficult situation or upset (for example, someone in the family is sick), then you will not be able to handle this method. You can be ironic when you yourself are in a cheerful mood.
By the way, you can fight back with words spoken in a different intonation. This method also works.
In any case, a psychological attack on you is just an episode in your life, and an interesting and incomprehensible life. If you approach this issue philosophically, then coping with your condition will be very simple. If you are in a difficult situation and you cannot fend off verbal attacks now, then think about whether it is worth wasting your health and energy on people who behave impolitely and aggressively. Connect with others who behave differently.
Of course, it’s better to put the person in his place, but if this doesn’t work yet, don’t worry. Over time, all situations resolve themselves.
Methods " best protection- attack”, “break the situation”, “hold your position”, “don’t make excuses”, “don’t give in” also work, but you need to understand well what kind of person is in front of you. Sometimes, gestalt is best way resolve the situation peacefully.
Stay calm. You may not know you've been accused of a crime until the police come knocking on your door. You will undoubtedly be shocked and confused. However, you should remain calm to avoid making mistakes.
Refuse to talk to the police. You don't have to talk to the police. Even if they arrest you, you can remain silent.
Hire a lawyer immediately. If you are under arrest, you can request a public defender. But even if you are not under arrest, you should speak with a lawyer as soon as you learn that you have been charged with a crime.
- A lawyer can help evaluate your case, that is, whether the state has enough evidence to charge you. He can also help you find evidence that will prove your innocence.
- You won't get a public defender until you're in custody, so you'll have to pay attorney fees.
Provide yourself with an alibi. Your lawyer should know what crime you are accused of and the time and place it was committed. He will then make a list of everyone who saw you during the crime.
- Your lawyer will obtain their affidavit. Your lawyer should also try to obtain a video recording of the interrogation. If a witness disappears before trial, you may be able to present the recorded testimony in court.
- Also look for documentary evidence of your location. ATM receipts or credit card purchases are a great way to prove that you were not at the scene of the crime.
- Try to establish whether you were in a building where video surveillance is being conducted - for example, in a bank or convenience store. This evidence can be used to prove that you were not at the scene of the crime.
Find out who witnesses the crime. If you are in prison, you should hire a private investigator to find out who may have witnessed the crime. If you cannot afford a private investigator, you can involve friends or family members in the investigation.
- The detective must go to the crime scene and ask all the people living in the neighborhood if they remember what happened that night. They may turn out to be witnesses.
- The detective will look for clues. The detective may also try to talk to your accuser.
- If the state decides to charge you, you have the right to receive a list of witnesses. But it is not a fact that you will receive it at the investigation stage.
Save every email address and record every phone conversation while searching for evidence. You may notice that you are being interrupted. Every effort should be made to ensure that the person stops disturbing you (ideal scenario) or stops obstructing the administration of justice.
- If the person who has the evidence you need has a lawyer, you should only communicate with him through the lawyer.
Provide your evidence to the police. After consulting with a lawyer and gathering evidence, you may want to formally meet with the police and speak with them. Your lawyer must be present throughout the interview. This is your chance to present your position on this case.
- Bring exculpatory evidence with you, including the names and addresses of witnesses who support your alibi.
- The police can arrest you at any time. Be prepared to be arrested.
- If the state has already accused you of committing a crime, then by providing it with evidence, you are unlikely to have much impact on the course of the case. It is already confident that it has every reason to open a case against you. However, all the evidence you collect - proof of your alibi, witness statements, and so on - will be useful in court.
