What are defamation proceedings
What is defamation? Definition according to the StGB
There are numerous offenses. The Criminal Code (short: StGB) knows different offenses, each different acts and legal consequences provide. Some of them go against that Assets of a person, others against theirs physical integrity and still others against them personal honor. Many a perpetrator faces a fine, while others even face imprisonment.
In the following guide we will devote ourselves to the offense of defamation. We want to clarify for you which paragraph regulates the defamation and which Criminal offenders in Germany are threatenedwhen the statute of limitations occurs, whether a criminal law attorney should be consulted in the event of a complaint and much more Here you will find the answers to these and other questions.
Here you can find out when there is defamation under criminal law in Germany.
In the case of defamation, depending on the severity of the offense, a prison sentence of up to five years or a fine is due.
As a rule, those affected have three years to file a complaint for defamation.
Legal regulation and penalties for defamation
Defamation is found in the penal code legal basis in § 187. The norm is part of the 14th section of the Criminal Code, which bears the title "insult" and includes the offenses against the personal honor of a person judge.
In addition to defamation, insults and defamation are also anchored here. In § 187 StGB it says:
Anyone who, against his better judgment, asserts or disseminates an untrue fact in relation to another, which is likely to make the same thing contemptible or disparaging in public opinion or jeopardizing his / her credit, is punished with imprisonment for up to two years or with a fine and, if the act is committed committed publicly, in a meeting or by distributing writings (Section 11 Paragraph 3), punishable by imprisonment of up to five years or a fine.
The punishment that comes into consideration for defamation can be one Fine and on the other hand, a prison sentence of up to two years.
What does defamation mean under criminal law?
By definition, defamation means that someone is about another person makes defamatory claims and know that these are not true. That assertion must be about the announcement of a fact and not about a personal value judgment.
Any state or circumstance that can be theoretically proven is a fact. In contrast, a value judgment arises as an expression of one personal opinion for or against, that is, of an opinion.
The assertion of fact must be made in the context of the offense of defamation be untrue and yourself too against a third party. This means that whoever it is being made against must not be the one against whom the allegation is directed. The fact must also mean Claim or spread be announced.
Claim means that someone presents a fact as true to their own knowledge. Spread means the presentation of the fact as foreign knowledge.
Defamation: Example to Illustrate
So that the slander can be properly grasped according to its significance, we want you to small example show:
Person A meets person B and tells her that person C is basically the same with her Tax return not too serious would take and thereby harm the state. In fact, however, A knows that this is not true and C instead, his tax return always submits conscientiously.
Is it necessary to file a criminal complaint in the event of defamation?
Some legally standardized criminal offenses are only traceable upon request. This also applies to the offense of § 187 StGB. A criminal complaint for defamation is therefore not sufficient to initiate proceedings.
An advertisement is simply the Averaging of suspicious facts, whereas in the case of a criminal complaint the serious will to express arrives that the person concerned should be investigated. The application requirement arises for all libel offenses, also for the insult and defamation, from Section 194 of the Criminal Code.
Defamation: When does the statute of limitations apply?
Basically subject according to German criminal law most offenses are statute-barred, including libel. For one thing, there is Statute of Limitation for Prosecution, which is legally standardized in Section 78 of the Criminal Code. It says that after a certain period of time an act no longer officially traceable is. The police and public prosecutor's office can then not investigate a suspected person.
On the other hand, there is a deadline for Enforcement statute of limitations, which finds its legal basis in § 79 StGB. In order to determine this deadline for a crime, it always depends on the respective imposed penalty at. The start of the period is the time at which the judicial Decision becomes final.
The Limitation period for prosecution is based on the respective maximum and is five years in accordance with Section 78 Paragraph 3 Number 4 StGB. It begins to run as soon as the act is over.
Libel Notice and / or Libel Action: What Now?
Persons against Libel charges has been reimbursed, the question usually arises as to how they should behave now. The way to an experienced lawyer specializing in criminal law is recommended. He knows you with advice and action Standing by your side can inspect files for you and draw the necessary conclusions for them ideal defense strategy pull in your case.
Accused get involved as part of their interrogation to express the allegation of defamation, often in the situation to make careless statements. A lawyer, on the other hand, can sound out for you whether and to what extent it makes senseto comment on the allegations at all.
Every accused also has the right to remain silent, without the judge being allowed to judge this negatively. You don't have to Prove your innocence in court. Instead, the state must prove the commission of an act, in the case of defamation. This important principle accused should always keep in mind.
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