Libel is a crime that is privately prosecuted. This means that a criminal case on him is initiated (by filing an application) and terminated at the initiative of the victim (in connection with reconciliation with the accused).
Instructions
Step 1
One of the features of this category of cases is the burden of proving the fact of the crime, the presence of adverse consequences and the guilt of the accused, which completely falls on the victim.
Step 2
If you decide to prosecute the offender for libel, you should file a complaint with the magistrate. The specific judicial area is determined according to the rules of territorial jurisdiction, that is, the application must be sent at the place of the crime or at the place of residence of the victim.
However, if the victim does not know the data of the suspect, it is more expedient to submit the application to the investigative body or the body of inquiry, where, after establishing the identity of the suspect, the material will be redirected to the magistrate.
Step 3
In the introductory part of the application, it is necessary to indicate the name of the court to which it is submitted, as well as information about the victim.
Next, you should state the main essence of the statement: describe the events of the crime, where, when, under what circumstances it was committed, and most importantly - by whom. If you do not know information about the person who is being held criminally liable, the court may send the material to the investigative body to establish his identity.
Step 4
In conclusion, state your request addressed to the court, to initiate and accept a criminal case for production and be sure to sign the statement.
Do not forget to send copies of the statement to the court according to the number of persons against whom the criminal case is being initiated.
Step 5
If the form and content of the application meet the requirements for them, the magistrate will accept the application for his proceedings. Otherwise, the application is returned with an indication of the period for correcting the deficiencies.
