Proof of truth

from Wikipedia, the free encyclopedia

The proof of truth in the judiciary is the proof of the factuality of a dishonorable assertion.

Germany

After proof of the truth, a punishment for insult can follow, but not for defamation ( § 186 StGB).

Assertions of fact are accessible to the evidence of truth or to the rebuttal evidence.

Denying the right to be heard and evidence of the truth of research and assertions is a practice with which "evidence of truth" is to be prevented.

Austria

In Austria, too, the accused is exculpated from the accusation of defamation (Section 111 StGB ) if he invokes the correctness of the allegation and succeeds in proving the truth. Proof of truth is not permitted on facts of private or family life (Section 112 StGB).

In media law , insults or mockery as well as defamatory representations of the highly personal area of ​​life are generally accessible to the evidence of truth (§§ 6, 7 MedienG).

swell

  • Kienapfel, Outline of the Austrian Criminal Law Special Part, Section 112
  • Foregger-Kodek, StGB, § 112