What should I do if I am slandered?
Victims of defamation have various options to defend themselves against them: Talk to the other side. File a complaint for defamation. Obtain an injunction with a warning.
What is defamation?
In German criminal law, defamation means that someone makes defamatory allegations about a person, even though they know that the allegations are untrue.
When can I file a complaint for defamation?
1 StGB standardized defamation constitutes an offense against defamation. It is realized when someone asserts or disseminates an untrue fact about another person towards third parties, which is suitable to make the other person despicable or to belittle it in public opinion.
What is the penalty for defamation?
Defamation and slander: these are the penalties. Defamation is punishable by imprisonment of up to one year or a fine. If the slander is spread or published in writing, this can be punished with two years imprisonment.
When is reputational damage a criminal offence?
Damage to reputation according to § 187 StGB So if you know that you are spreading a false fact about someone else, just to damage their public reputation, you are committing an offence. Such a form of expression, which is not true but untrue, is not allowed.
What is reputation damage?
The damage to reputation is a dishonorable and untrue statement of fact. Damage to reputation can affect both criminal law and civil law.
When can you report someone for defamation?
If someone feels their honor has been violated by the actions of others, they can file a criminal complaint with the police themselves; this is usually also possible online. In the case of insults, which also include defamation, the criminal complaint alone is not sufficient.
Are false accusations punishable by law?
In less serious cases, the penalty is imprisonment from three months to five years. Due to the threat of imprisonment of up to five years or a fine, false suspicion is a misdemeanor according to Section 12 Paragraph 2 of the Criminal Code.
Is an allegation punishable?
Depending on the context, an allegation can be prosecuted as defamation according to § 186 StGB or as defamation according to § 187 StGB. Whoever acts like this is liable to prosecution. If it is reported, it can be punished with a fine or imprisonment.
Can you report someone for false suspicion?
A deliberately false criminal complaint is punishable! An intentionally false criminal complaint exists, for example, if the person reporting the crime makes himself liable to prosecution by filing the criminal complaint because of a false suspicion under Section 164 of the Criminal Code.
What kind of false statement can you get?
If, on the other hand, one makes a false statement according to § 160 StGB, i.e. an inducement to commit perjury, one can expect a prison sentence of up to six months or a fine. Perjury, in turn, is punishable by a fine or imprisonment for up to one year.
What do you get for a false statement to the police?
A false statement is punished with imprisonment from three months to five years (§ 153 StGB). The admonition to tell the truth does not apply only to your testimony as a witness in court. The text of the law also speaks of “other bodies responsible for the questioning under oath”.
What do the police do if they make false statements?
According to the Criminal Code, making a false unsworn statement is a criminal offense in court – but not in the case of the police. Incorrect information given to the police can therefore be corrected in the courtroom. Nevertheless, untrue statements to police officers can also have criminal consequences.
What happens if you lie to the police?
(1) Anyone who, against their better knowledge, suspects another official or military superior responsible for receiving reports, or publicly against their better knowledge, of an illegal act or breach of official duty with the intention of conducting official proceedings or other official …
Can you withdraw a false statement?
You cannot withdraw the statement, you can only correct it. Whether or not you made yourself a criminal offense by making a statement depends on the details, but in principle making a false statement to the police is not a criminal offense.
What penalty for false affidavit?
Anyone who falsely submits such an assurance before an authority responsible for taking an affidavit or makes false statements with reference to such an insurance shall be punished with imprisonment for up to three years or a fine.
How do I formulate an affidavit?
on ___________________, hereby declare in lieu of an oath: I certify in lieu of an oath that I have given the above information to the best of my knowledge and belief and that the information corresponds to the pure truth and that I have not concealed anything.
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