How is the crime of slander handled criminally?
(Baonghean.vn) - Ms. Nguyen Thi Huyen in Tan Ky asked: My younger brother was slandered by others on social networks, seriously affecting his honor and dignity. So is the crime of slandering others subject to criminal prosecution?
Reply:
Slander is understood as the act of using words or actions to affect the honor of an individual or organization.
Slander is specified in the 2015 Penal Code, amended in 2017, as acts of fabricating or spreading things known to be untrue in order to insult the dignity, honor or cause damage to the rights and legitimate interests of others.
Article 156 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the crime of slander as follows:
1. Anyone who commits one of the following acts shall be subject to a fine of VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 02 years or imprisonment of from 03 months to 01 year:
a) Fabricating or spreading things known to be untrue with the aim of seriously insulting the dignity or honor or causing damage to the legitimate rights and interests of others;
b) Fabricate crimes against others and denounce them to competent authorities.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 03 years:
a) Organized;
b) Abusing position and power;
c) For 02 people or more;
d) For grandparents, fathers, mothers, people who teach, raise, care for, educate, or treat you;
d) For people performing official duties;
e) Using computer networks or telecommunications networks, electronic means to commit crimes;
g) Causing mental and behavioral disorders to the victim with a body injury rate of 31% to 60%;
h) Slandering another person of committing a very serious or especially serious crime.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 to 07 years:
a) For base motives;
b) Causing mental and behavioral disorders to the victim with a body injury rate of 61% or more;
c) Make the victim commit suicide.
4. The offender may also be fined from VND 10,000,000 to VND 50,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Thus, those who slander others may be prosecuted under the above provisions.
