Lime documents and photos

[Anonymous]

First of all, I would like to ask specialists what is the best way to do this - first use the services of private detectives who could study the essence of the problem in more detail, or immediately write a statement to the police. I have never had such an experience, so your advice will be extremely useful. I also ask you to advise a detective agency that understands such issues, falsification of extracts, photographs. And is it worth it to have any hope of a successful resolution of such court cases, as I understand it, libel lawsuits now rarely bring results.

 

[Адвокат]

Article 129 of the Criminal Code provides for criminal liability for defamation.
In order to bring a person to criminal liability, it is necessary to prove the fact of the dissemination of knowingly false information, discrediting the honor and dignity of another person or undermining his reputation, i.e. evidence must be gathered:
- what information was disseminated, i.e. whether this information is false or true, but discredit the honor and dignity of another person or undermining his reputation;
- describe in detail: what exactly is the libel, or how do they spread the widespread information, how the widespread information violates the rights of the victim;
- indicate in what way the specified information was distributed: sent by mail, using communications, the Internet, photos, videos, etc. What exactly, to whom and when was sent. How exactly did the victim become aware of the dissemination of defamatory information against him.
- indicate the data of witnesses who will be ready to confirm the fact of the dissemination of defamatory information, as well as tell which information was disseminated.

There is also article 130 of the Criminal Code of the Russian Federation, which provides for criminal liability for insulting, that is, humiliating the honor and dignity of another person, expressed in indecent form.

Cases under these articles are instituted by the court, as they are private prosecution cases. Given the heavy load on the judges, you should contact a lawyer who will help determine the tactics of defense and collect the necessary evidence. Taking into account the confusion contained in your posts, you yourself are unlikely to be able to defend yourself and your spouse in court.

If your representatives can prove the facts of the dissemination of information discrediting your honor, dignity and business reputation, then in accordance with the Civil Code of the Russian Federation, you have the right to demand compensation from the offenders:
- expenses incurred by you in connection with actions to protect your rights,
- reimbursement of costs associated with treatment, the need for which was caused by the unlawful actions of the villain;
- compensation for moral damage caused to you.

The Criminal Code of the Russian Federation contains article 110 “Bringing to Suicide” - but it practically does not work, because in practice, it is very problematic to prove that it was Ivanov who brought Sidorov to such experiences, because of which Sidorov committed suicide, or really tried to commit suicide, but could not for reasons beyond his control.

 

[Адвокат]

First of all, I would like to ask specialists what is the best way to do this - first use the services of private detectives who could study the essence of the problem in more detail, or immediately write a statement to the police. I have never had such an experience, so your advice will be extremely useful. I also ask you to advise a detective agency that understands such issues, falsification of extracts, photographs. And is it worth it to have any hope of a successful resolution of such court cases, as I understand it, libel lawsuits now rarely bring results.

If the evidence is collected in sufficient volume - you have a great chance to win the case.

Evidence needs to be collected before going to court.

Indeed, it is better to contact a private investigator to collect evidence, and to a lawyer for legal proceedings.
But there are private detectives who simultaneously conduct business in the courts.

 

[Kuznecov.Igorj]

Hello everyone! I am constantly amazed at what our esteemed BH writes. If this client went to the forum and asked a question, then just hire a lawyer and everything will fall into place. If this is a BH, I would like to ask how you explain to the client the consequences of using the materials received (report on the execution of the order). I mean the purely legal side of things. Do you think the certificate with the seal has the force of evidence or not? The laws are almost the same, with a small discrepancy and they must be read, and, if necessary, compiled. Then you will not ask such questions. I don’t presume to qualify the actions of the other side, but in a civilian manner (again, you should familiarize yourself with the law), if everything was just like that, you have every chance of success, in the other way and in the criminal one, too, if your process does not establish guilt, as the person who provoked the response of the opposite side. You do not constantly indicate all the nuances. There is no smoke without fire. Weigh the pros and cons, it may be concluded that you should contact the police and find out why they are doing this to your family. Sorry if you don’t like something in my answer. Igor from Latvia.

 

[Адвокат]

In accordance with part 1 of article 318 of the Code of Criminal Procedure:
“Criminal cases of crimes referred to in the second part of Article 20 of this Code shall be instituted against a specific person by submitting an application to the victim or his legal representative to the court, with the exception of cases provided for by paragraph 2 of part one and part four of article 147 of this Code.”

Those. in order to initiate a private prosecution case (part 1 of article 129 and article 130 of the Criminal Code of the Russian Federation), the applicant must go directly to the court and not to the police, as it is the court that is authorized to initiate and investigate such cases.