Defamation (Switzerland)

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The defamation according to Article 173 StGB is a form of abuse that differs from this, however, in the form of inspection. In the case of defamation , in particular an insulting factual assertion is punishable. It is crucial that the (alleged) fact is not “demonstrably true”, i.e. H. there is no proof of truth.

Legal text

Defamation is punishable in Switzerland by Article 173 of the Swiss Criminal Code . According to Article 175, “defamation or defamation against a deceased person or someone who has been declared missing” is also justiciable.

"Defamation

  • 1. Anyone who accuses or suspects someone of dishonorable behavior or other facts that are likely to damage his reputation, who spreads such an accusation or suspicion, will be punished with a fine of up to 180 daily rates on request.
  • 2. If the accused proves that the statements made or distributed by him are true, or that he had serious reasons to believe them to be true in good faith, he is not liable to prosecution.
  • 3. The accused is not admitted as evidence and is punishable for statements that are made or disseminated without safeguarding public interests or otherwise without justified cause, primarily with the intention of accusing someone of evil, in particular if the statements relate to private life or relate to family life.
  • 4. If the perpetrator withdraws his statement as being untrue, he can be punished more leniently or completely exempt from punishment.
  • 5. If the accused has not provided evidence of the truth or if his statements are untrue or if the accused withdraws them, the judge must determine this in the judgment or in another document. "

In military criminal law , Article 145 of the Military Criminal Law of June 13, 1927 (MStG; SR 321.0) contains a corresponding penal norm.