Defamation (Austria and Liechtenstein)

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The slander is a form of insult , but differs from the latter in the commission form. In the case of defamation , in particular an insulting factual assertion is punishable. It is crucial that the (accused) fact is not “demonstrably true”, that is, there is no evidence of truth .

Legal text

Section 111 (1) StGB ( AUT and LIE ):

" Anyone who denigrates another person in a way that is perceptible to a third party with a contemptible quality or conviction or accuses him of dishonorable behavior or behavior that is offensive to good morals that is likely to make him contemptible or belittled in public opinion is punishable by imprisonment up to to be punished for six months or with a fine of up to 360 daily rates. "

The act is exempt from punishment if the allegation is proven to be true or if the perpetrator acted in good faith (Section 111 (3)). Proof of truth and proof of good faith are not to be admitted about facts of private or family life and about private charges. If the bad gossip is accessible to the general public, the range of punishment increases to one year (Section 111 (2)) and good faith is no longer used as a justification. The six-week period (as it still applies in Liechtenstein ) for private charges according to § 46 StPO old has been lifted from January 1, 2008 in the Austrian StPO . In principle, the special limitation period according to §§ 57 f. StGB to be observed. The private prosecution is now in § 71 Code of Criminal Procedure newly regulated.

From the libel , the defamation in bordering Austria by the effect that the former is limited to allegations that are prosecuted (official offenses).

According to Section 31 of the Code of Criminal Procedure (Liechtenstein) , a person entitled to private indictment “in the event of any other loss of their right to prosecute, must file an application for prosecution against them within six weeks of the day on which they became aware of the criminal act and the person sufficiently suspected of the act. This application can also be aimed at the initiation of the investigation or the punishment of the perpetrator and must be submitted orally or in writing to the criminal court ”.