Defamation (Switzerland)
In Swiss criminal law , defamation means that someone makes defamatory claims about a person , even though he knows that they are untrue.
Offense
In the Swiss Criminal Code , defamation is regulated in Art. 174 :
- 1. Anyone who, against their better judgment, accuses or suspects another person of dishonorable behavior or other facts that are likely to damage his reputation,
- anyone who spreads such an accusation or suspicion against their better judgment
- will, upon request, be punished with imprisonment of up to three years or a fine.
The defamation carried out according to plan results in a prison sentence of up to three years or a fine of at least 30 income- / asset-dependent daily rates. Mitigation is possible if the offender withdraws his statement in court as being untrue; this withdrawal is documented for the victim.
Art. 175 regulates the defamation of the dead ormissing. Relatives can file criminal complaints. Defamation of people who have been dead or presumed missing for more than thirty years is unpunished.
In military criminal law , Art. 146 of the Military Criminal Law of June 13, 1927 (MStG; SR 321.0) contains a corresponding criminal norm.
