The most important facts at a glance
- Defamation and slander are criminal offenses punishable by a fine or imprisonment
- Quick action is crucial - evidence must be secured and criminal proceedings initiated
- Both injured parties and defendants need competent criminal law advice for optimal procedural results
What does a criminal complaint for libel and defamation mean?
In our digitalized media landscape, scientists, entrepreneurs, executives and public figures are particularly frequent targets of targeted defamation campaigns. If false factual claims are spread about your person or your professional activities, this can have a significant impact on your career, business activities and social standing.
A well-founded criminal defense or complaint for libel and defamation is then an important instrument for protecting your reputation and professional integrity. The German Criminal Code makes a clear distinction between different forms of defamation and provides for corresponding sanctions.
These offenses are generally only prosecuted at the request of the injured party. In cases of special public interest, however, the public prosecutor's office can investigate ex officio.
Criminal law principles: defamation offenses
Defamation according to § 186 StGB
Defamation is classified as an offense under German criminal law. It occurs when someone asserts or disseminates a fact about another person that disparages them or disparages them in public opinion.
Criminal law requirements:
- Assertion or dissemination of a fact
- The fact makes the person concerned contemptible or degrades them
- The statement is made to third parties
- Intentional act of the perpetrator
Penalty range: Imprisonment of up to one year or a fine; if committed in an assembly, in public or by disseminating content, imprisonment of up to two years or a fine; if committed in an assembly, in public or by disseminating content, imprisonment of up to two years or a fine
Defamation according to § 187 StGB
Defamation is the aggravated form of slander and is punished more severely under criminal law. It occurs when someone claims or spreads an untrue fact about another person against their better judgment.
Stricter requirements:
- The alleged fact must be demonstrably untrue
- The offender must know or seriously expect that the allegation is untrue
- Higher criminal energy through deliberate false allegations
Penalty range: Imprisonment for up to two years or a fine; if committed in a meeting, publicly or by disseminating content, imprisonment for up to five years or a fine
What is an insult in the criminal sense?
Insult under Section 185 of the German Criminal Code is an important element of German criminal law and adds a central component to the system of defamation offenses. This offense covers all defamatory statements that are not already covered by the more specific offenses such as defamation or libel.
With Section 185 StGB, the legislator has created a catch-all provision that ensures that less serious forms of defamation can also be prosecuted. This underlines the special importance that the German legal system attaches to the protection of personal honor.
Penalties and sanctions
A conviction for insulting behavior can result in a prison sentence of up to one year or a fine. This comparatively mild penalty reflects the fact that this is an offense that is socially undesirable, but does not usually have serious consequences.
Qualifying facts and aggravating circumstances
The Criminal Code provides for more severe penalties for particularly serious cases of insult that go beyond the basic offense:
Public inspection
Defamation offenses committed in meetings or through the distribution of writings are classified by the legislator as particularly reprehensible and punished accordingly more severely. The publicity considerably increases the effect of the insult and can lead to lasting damage to reputation.
Repeat offenders
A higher penalty may be imposed on persons who commit multiple defamation offenses. The court will take into account the particular persistence of the offender and the increased danger to the general public.
Particular reprehensibility
Systematic defamation campaigns or defamatory acts against people who are particularly worthy of protection are considered to be particularly serious. This includes, for example, attacks against people in prominent social positions or those who deserve special protection due to their situation.
Criminal law case constellations and defense strategies
Practice shows that defamation offenses occur particularly frequently in various areas of society. Certain groups of people are exposed to an increased risk of becoming victims of targeted defamation campaigns due to their prominent position or professional activity.
Targeting public figures
Celebrities, politicians, journalists and other public figures are often the target of systematic defamation campaigns, which can take various forms. Media witch hunts are a particularly problematic phenomenon: Once a „sow is chased through the village“, untrue allegations spread virally and can cause massive damage that goes far beyond the original cause.
The phenomenon of cancel culture has increased in recent years and describes targeted campaigns for social ostracism based on fabricated or distorted accusations. This type of systematic damage to a company's reputation can threaten its very existence.
Reporting by paparazzi and the tabloid press also regularly leads to criminally relevant situations if deliberately false information about private life or professional activities is disseminated. In the political arena, deliberate misinformation aimed at damaging a political career is a widespread means of unfair competition.
The increased pressure to justify themselves that public figures face makes professional criminal law support essential. They often have to defend themselves against a large number of simultaneous attacks, which is almost impossible to manage without expert help.
Managers and entrepreneurs as targets
In business life, executives, entrepreneurs and managing directors are particularly frequently affected by targeted defamation. Business reputation damage caused by competitors or dissatisfied business partners who deliberately spread false claims about business practices, the financial situation or personal integrity can have serious economic consequences.
Shitstorms and coordinated campaigns in social media pose a particular challenge, as they can cause lasting damage to the reputation of a company or its management within hours. The speed with which they spread often makes it difficult to react appropriately in time.
The systematic manipulation of review portals through false factual claims has developed into a problem area in its own right. Conflicts with former employees who spread untrue claims about management behavior or corporate culture in the industry or online can also cause considerable damage.
In the case of managing directors and entrepreneurs, criminal law is characterized by the fact that defamation violations can cause not only personal but also considerable economic damage, which is taken into account accordingly when sentencing.
Focus on scientists and academics
In science and academia, defamation is particularly problematic as it can cause lasting damage to professional careers. False allegations of scientific misconduct, plagiarism or manipulated data can end entire careers and shake confidence in research integrity.
When it comes to controversial research topics, scientists are often personally attacked and defamed, which jeopardizes the objectivity of scientific debate. Social media smear campaigns against researchers whose findings are not to the liking of certain interest groups have increased significantly in recent years.
False accusations regarding the scientific review process or peer review manipulation can also cause lasting damage to a scientist's reputation. The special protection afforded to scientists and academics is recognized by criminal law, which also protects academic freedom by consistently punishing defamation.
Criminal proceedings: Procedure and special features
Compared to other criminal offenses, criminal proceedings for defamation offenses have a number of characteristic features that are of crucial importance for both those affected and the accused. These special features result from the specific nature of these offenses and the special protection of personal honor.
Criminal offense and criminal complaint
Defamation offenses are generally offenses for which an application is made, which means that the public prosecutor's office only takes action at the request of the injured party. This rule takes account of the fact that the injured party is best placed to assess whether criminal prosecution is in their interests or whether other solutions are preferable.
The criminal complaint must be filed within three months of knowledge of the offense and the perpetrator, as stipulated in Section 77b (1) StGB. This period begins to run as soon as the injured party knows both the offense and the identity of the perpetrator. Compliance with this deadline is of crucial importance, as a late application leads to the exclusion of criminal prosecution.
An important special feature is that the criminal complaint can be withdrawn until the proceedings have been legally concluded. This enables the injured party to reach an out-of-court settlement even while the proceedings are still ongoing or to terminate the proceedings for other reasons.
There are exceptions to the application requirement if there is a public interest in prosecution. In such cases, the public prosecutor's office can also investigate without a criminal complaint, which can be particularly relevant in serious cases or if social peace is at risk.
The investigation procedure
The public prosecutor's investigation follows a structured procedure that is designed to fully clarify the facts of the case. The first step is usually the questioning of the complainant, during which he or she describes the facts of the case in detail and names available evidence. This first hearing is often decisive for the further direction of the proceedings.
The questioning of the accused is another central component. The accused is questioned about the allegations made and is given the opportunity to defend himself. This questioning should only take place in the presence of an experienced criminal defense lawyer in order to protect the rights of the accused.
The collection of evidence includes various measures such as securing digital evidence, questioning witnesses and, if necessary, obtaining expert opinions. The proper preservation of electronic evidence is particularly important in cases of defamation in digital media.
There are various possible outcomes to the investigation: the proceedings can be discontinued due to a lack of sufficient suspicion, a summary penalty order can be issued if the defendant confesses or in minor cases, or charges can be brought in more serious cases.
The main proceedings in court
If a main hearing takes place, the local court usually has jurisdiction, as defamation offenses typically carry a lower penalty. The main hearing offers both sides the opportunity to present their side of the story in full.
Evidence is taken through the examination of witnesses and experts as well as the assessment of evidence by the court. It is crucial to clarify the truth of the disputed statements and to reconstruct the circumstances surrounding the commission of the offense.
When sentencing, the court takes various factors into account: the severity of the offense, the personality of the offender, the impact on the injured party and possible mitigating or aggravating circumstances. Particular importance is attached to the question of whether the offender shows remorse and is prepared to make amends for the damage caused.
Professional criminal defense can be decisive for the outcome of the proceedings. Experienced criminal defense lawyers know the special features of defamation proceedings and can effectively represent the interests of their clients both in the preliminary proceedings and in the main trial.
Practical tips for injured parties
If you have been the victim of defamation, it is important to act quickly and strategically. The first steps after defamation can be decisive for the success of the subsequent proceedings and determine to what extent the damage caused can be limited.
Filing a criminal complaint correctly
The first and most important step is to file a proper criminal complaint. Every police station accepts criminal reports, which can also be made online or in writing. The method of filing a report should depend on the complexity of the case and the time available.
A complete description of the facts forms the basis for successful criminal proceedings. Describe the incident chronologically and in detail, without omitting important details. The more precise and comprehensive your account is, the better the investigating authorities will be able to process the case.
The submission of evidence is of crucial importance. Screenshots, printouts, witness statements and all available supporting documents should be attached to the complaint. These documents not only serve to clarify the facts of the case, but also demonstrate the seriousness of your concern.
Do not forget to expressly file a criminal complaint. Without this application, there will generally be no prosecution for defamation offenses. The criminal complaint should be formulated clearly and unambiguously in order to avoid delays in the proceedings.
Strategic preservation of evidence for complex cases
In complex defamation campaigns, systematic preservation of evidence by experienced lawyers is essential. Screenshots, metadata and distribution channels must be forensically documented correctly in order to stand up in court. Unprofessional documentation can lead to important evidence not being usable.
In cases of public attention, witness evidence must be strategically coordinated and legally secured. The various statements should complement each other and form a coherent overall picture without appearing to be coordinated.
Continuous media monitoring makes it possible to intervene immediately in the event of further defamation violations. It is particularly important in ongoing campaigns to document new attacks quickly and prosecute them.
In cross-border reporting, different legal systems and procedures must be taken into account. International aspects can make the process considerably more complicated and require special expertise.
Timing is crucial when it comes to public attention. The faster action is taken, the better reputational damage can be limited. An experienced criminal defense team can take immediate steps and exhaust various legal protection options at the same time.
Discreet and professional mandate management
Absolute discretion is required, especially with prominent clients or sensitive business matters. We handle mandates confidentially and protect the privacy of our clients from unwanted attention. This confidentiality extends not only to the content of the mandate, but also to the fact of the mandate itself.
In addition to criminal prosecution, we also advise on accompanying measures to protect public reputation. Comprehensive reputation management can help to minimize the long-term consequences of defamation and regain public trust.
Professional criminal defense means a factual, strategic approach instead of emotional reactions that could make the case worse. Emotions are understandable in such situations, but can lead to ill-considered actions that damage your own case.
For public figures or exposed entrepreneurs, we also offer preventive advice to avoid criminal law risks when making public statements. This preventive advice can help to avoid problematic situations from the outset and minimize the risk of defamation proceedings.
Defense strategies for defendants
If you find yourself as a defendant in defamation proceedings, there are various defense strategies available to you. Choosing the right strategy depends on the specific circumstances of the individual case and requires a careful legal analysis. Early and competent advice from an experienced criminal defense lawyer is essential.
Classic defense approaches
The first and most basic defense is to deny the statement. If the incriminated statement cannot be clearly proven or its authorship can be disputed, there is already no basis for a conviction. Especially in times of digital communication, it can be difficult to prove the actual authorship of a statement beyond doubt.
In the case of defamation, there is the possibility of proving the truth. If it can be proven that the statement made is true, there is no criminal liability. However, this defense approach requires careful consideration, as proving the truth can involve considerable effort and is not always promising.
The protection of legitimate interests is another important justification. Under certain circumstances, defamatory statements can be justified if they serve to protect legitimate interests. This may be the case, for example, in the case of whistleblowing or the uncovering of grievances.
A central point of the defense lies in the distinction between a punishable statement of fact and a protected expression of opinion. While factual allegations are open to proof and can be punishable if untrue, expressions of opinion generally enjoy the protection of freedom of expression. Drawing the line between the two categories is often difficult and requires legal expertise.
Modern defense strategies
Digitalization has opened up new defence options. In the case of digital matters, there may be technical doubts about authorship that make a successful defense possible. Hacked accounts, stolen identities or technical manipulations can mean that the actual authorship cannot be established beyond doubt.
Context arguments are becoming increasingly important in modern criminal defense. Embedding a statement in the overall context can have a mitigating effect or even lead to impunity. An isolated consideration of individual statements often does not do justice to the complexity of modern communication.
The defense of provocation can be successful in certain situations. If the defamatory statement was triggered by provocation on the part of the injured party, this can be taken into account to mitigate the penalty or even lead to justification. However, it should be noted that the reaction must be proportionate.
In the event of minor guilt, the public prosecutor's office can discontinue the proceedings, possibly in return for the fulfillment of certain conditions. This possibility of ending the proceedings without a conviction is particularly important for first-time and minor offenses and can be achieved through a clever defense.
Strategic considerations
Choosing the right defense strategy requires a comprehensive analysis of the facts of the case and the legal situation. Not only the direct consequences under criminal law, but also possible consequences under civil law and reputational damage must be taken into account.
A professional criminal defence is characterized by the fact that it examines all available defence options and develops the most promising strategy. It is important that the defense not only acts reactively, but also proactively sets the course for a favorable outcome of the proceedings.
We will support you with our many years of experience in defamation proceedings and work with you to develop the optimal defense strategy for your individual case.
Checklist: First steps in case of defamation
- Secure evidence immediately (Screenshots, printouts, witnesses)
- Document the facts in detail (date, time, circumstances)
- File a complaint with the police
- Submit an explicit criminal complaint (deadline: 3 months)
- Name witnesses and clarify their willingness to testify
- Do not react emotionally or fight back
- Obtain advice on criminal law to assess the prospects of success
- For digital issues: Inform platforms about infringement
- Document further distribution and have it stopped
- Actively support the process and cooperate with investigating authorities
Sentencing and sanctions
The sentencing of defamation offenses follows certain criteria that the court takes into account when determining the appropriate sanction. Both offense-related and offender-related factors play a decisive role here.
Sentencing factors
The severity of the offense is the focus of the judicial assessment. The scope of the statement, the intensity of the defamation and the specific impact on the injured party are assessed. An insult in a small circle is weighted differently than a public defamation with far-reaching consequences.
The personality of the offender has a considerable influence on the sentence. The defendant's previous life, motives and capacity for understanding are taken into account when sentencing. A previously blameless citizen is generally given a more lenient sentence than a repeat offender.
Behavior after the fact can have a mitigating effect. If the offender shows remorse, apologizes sincerely or makes an effort to make amends, this will be viewed positively by the court. Conversely, further attacks or unrepentant behavior can have an aggravating effect.
When assessing the risk of recidivism, the court examines whether the offender is particularly persistent or has previous convictions. Repeat offenders must expect higher penalties.
Possible sanctions
A fine is the most common sanction for defamation offenses. It is calculated on the basis of daily rates, whereby both the number of daily rates and their amount depend on the offender's financial circumstances.
A prison sentence is possible for serious cases or repeat offenders, but is usually suspended on probation. A suspended sentence allows the convicted person to serve their sentence in freedom under certain conditions.
In minor cases, a warning with reservation of punishment can be issued. This mildest form of sanction makes it clear to the offender that their behavior was worthy of punishment without imposing an actual penalty.
The discontinuation of proceedings against conditions or in the case of minor offenses is an alternative to a conviction. The public prosecutor's office can discontinue the proceedings in exchange for certain conditions without a trial taking place.
We accompany you competently through all phases of the criminal proceedings and develop the optimal strategy for your case.
Professional criminal defense is crucial
Defamation offenses can have life-threatening consequences for executives, scientists, entrepreneurs and public figures. At a time when „swine are being chased through the village“ and defamation campaigns achieve massive reach within hours, professional criminal law advice is essential.
A specialist lawyer for criminal law can set the course in advance of investigation proceedings and limit reputational damage. It is irrelevant whether you are the target of a defamation or are accused yourself - in both cases, you need competent criminal law advice that takes your professional position and social standing into account.
Our law firm has extensive experience in criminal law and specializes in representing clients in high-profile positions. We develop a discreet and strategic approach for each case, taking into account both criminal law aspects and reputational protection.
Frequently asked questions
The greater reach and permanent availability of digital statements can be taken into account as an aggravating factor. There are also specialized investigation procedures for cybercrime.
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