What is the prosecution procedure for libel?
1. If the victim or his legal representative, near relative or agent ad litem files a private prosecution, he may directly file a suit in a people's court with jurisdiction in writing or orally within the statutory limitation period. Private prosecution is generally in written form, that is, criminal private prosecution should be filed and submitted to the court.
2, private prosecution or tell the record should include the following contents
Names, gender, age, nationality, native place, education level, occupation, work unit and address of the private prosecutor, defendant and prosecutor;
(2) The time, place, means, circumstances and harmful consequences of the defendant's criminal act;
(3) Specific claims;
(4) The name and specific time of the people's court;
(five) the name and address of the witness and the name and source of other evidence. If there are more than three defendants, the private prosecutor shall provide a copy of the private prosecution according to the number of defendants when informing.
3. The people's court shall make a decision on whether to file a case within 15 days from the second day after receiving the private prosecution or oral notice, and notify the private prosecutor or the prosecutor in writing. For a case of private prosecution that has been put on file and lacks criminal evidence after examination, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution. However, if the private prosecutor puts forward new evidence that is enough to prove the defendant guilty and re-charges, the people's court shall adopt it.
4. It is a crime of libel, and if the circumstances are serious, it constitutes a crime of libel. If negotiation fails, evidence can be collected in time, and the other party can be sued in the court where the defendant is located, demanding to bear civil tort liability, apologize and compensate for mental losses.
5. When bringing a criminal private prosecution for libel to the court, the parties also need to provide a written document, that is, a criminal private prosecution, and then the court will decide whether to accept it after examination. Of course, in reality, not all libel crimes will constitute crimes and must meet the conditions stipulated by law.
3. Can libel claim moral compensation?
1, being insulted and slandered by others, as the injured party, will certainly suffer a great psychological blow, and may even affect the future work and life. Because of this, many parties or their families will definitely want the slanderer to make relevant apologies and compensation, but many people don't know that it is possible to get compensation for mental damage if they are slandered.
2. If a natural person has been illegally infringed upon the following personality rights and brings a lawsuit for compensation for mental damage to the people's court, the people's court shall accept it according to law:
(1) Right to life, health and body;
(two) the right to name, portrait, reputation and honor;
(3) the right to personal dignity and personal freedom.
Therefore, if others defame themselves on the Internet, it is an infringement of their own personality rights. At this time, as the injured party, they can make a request for compensation for mental damage to the court.
Legal basis: Article 995 of the Civil Code states that if the right of personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this law and other laws. The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize.