Abuse

In Swiss criminal law, insult is an honor offense according to Art. 177 StGB .

Offense

Insult is defined in Art. 177 StGB as follows:

"Anyone who attacks someone in his honor in any other way through words, writing, images, gestures or acts of violence will, on request, be punished with a fine of up to 90 daily rates."

- Art. 177 para. 1 StGB

According to the established case law of the Federal Supreme Court (the so-called factual concept of honor ), honor is defined as the call to "behave as, according to the general opinion, a person of decent character usually behaves". Injury is due to a statement if someone "generally accuses someone of a lack of sense of duty, sense of responsibility and reliability or any other quality that would be suitable to make him as a person contemptible or to put his character in an unfavorable light."

Legal situation in other states

literature

Werner Moser: The abuse according to Swiss criminal law . Dissertation at the University of Zurich , Zurich 1953, DNB 571450334 .

Web links

Wiktionary: abuse - explanations of meanings, word origins, synonyms, translations

Systematic collection : Art. 177 StGB

Individual evidence

↑ BGE 93 IV 20, 21; 103 IV 157, 158; 105 IV 111, 112; 117 IV 27-29; 131 IV 154, 157.
↑ BGE 105 IV 113.

[1] BGE 93 IV 20, 21; 103 IV 157, 158; 105 IV 111, 112; 117 IV 27-29; 131 IV 154, 157.

[2] BGE 105 IV 113.