Resolve Defamation Cases in Germany
Resolve Defamation Cases in GermanyUpdated on Thursday 15th December 2016
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Defamation refers to a situation which can eventually be resolved in a German court, as an effect of a false statement that a person implied when referring to another person or to a legal entity. The defamation can be either presented in public or private and the person at which the allegation is aiming must make the proof on the respective situation, which can refer to the person’s reputation, morals or finances. Persons who are involved in a defamation case can find legal assistance on this matter at our law firm in Germany.
Types of defamation in Germany
The applicable legislation in Germany distinguishes between criminal and civil defamation cases. It is necessary to know that in Germany, defamation represents a criminal offence, which can be punished by imprisonment.
According to the German Criminal Code, defamation can be of the following types:
• insult, which can be punishable by one year of imprisonment of a fine;
• defamation, which is generally punishable by up to one year in jail, but in the situation in which the allegations are presented on a written material and they address to a general public, the punishment can increase up to two years;
• slader, which refers to an intentionally false allegation which is aiming at destroying a person’s reputation.
As a consequence of the German legislation in this sense, approximately 20% of the defamation cases registered here are represented by insults cases and our German law firm can offer more information in this sense.
Defamation situations in Germany
The German Criminal Code states different types of punishment in the situation in which various symbols were harmed by a defamation allegation.
In this sense, we mention the following:
• defamation of public representatives;
• defamation of the head of the state;
• defamation of foreign states and symbols;
• defamation of the deceased persons;
Legal procedure to start a defamation trial explained by our German law firm
According to the German legislation, a defamation case is taken into consideration by the relevant courts only under the request of the harmed party. The articles 374-376 are stating that it is the person’s responsibility to bring a case in front of the judges, but there are several exemptions in this sense.
Persons involved in a defamation case are invited to contact our attorneys in Germany for legal representation.