What is slander and defamation?
The terms slander and defamation are often used interchangeably or in combination. However, slander in criminal law is not the same as defamation.
In both cases, a person charges another person with a particular offense that may injure his honor or expose him to public contempt. In both cases, these charges must also be malicious (art. 443 Criminal Code).
Moreover, there is also only slander and defamation when this charge occurs (Art. 444 Sw);
- in a public meeting or place, or
- in the presence of several persons, in a place that is not public, but accessible to a number of persons who have the right to meet or visit there, or
- in any place, in the presence of the offended person and before witnesses, or
- by writings, printed or not, by prints or allusions, posted, distributed or sold, for sale or openly exhibited, or
- by writings, not made public, but sent or communicated to various persons
There is no slander and defamation if the person making the accusation can sufficiently prove it. Suppose you accuse someone of dealing drugs and you can also prove this, then you are not guilty of slander and defamation.
So what is the difference between slander and defamation? In slander, what you accuse someone of doing cannot be proved (e.g. you accuse someone of stealing your car last year, but you do not prove this). In the case of defamation, it is impossible to prove what you are accusing someone of (e.g. you accuse someone of stealing your car 25 years ago; these facts are time-barred so the proof of theft can no longer be provided).
Is slander and defamation also punishable online?
Of course, the above principles also apply in an online context, such as through the Internet (websites, social media, etc).
How is slander and defamation punished?
The guilty party shall be punished by imprisonment from eight days to one year and by a fine from twenty-six to two hundred (amounts to be increased times eight)
You are looking for a lawyer?
In libel and defamation cases, we can assist you as a lawyer.
Are you victim of slander and defamation? As a lawyer, we will examine whether all the conditions to speak of slander and defamation are indeed met and advise you accordingly. In a positive case, as a lawyer, we draw up a criminal complaint and submit it to the public prosecutor or to an investigating judge by means of a complaint with civil action. If the offender has to appear before the chambers after a judicial investigation, as a lawyer we try to convince the chambers that there are sufficient indications of guilt to refer the offender to the correctional court. If the perpetrator is finally summoned to the correctional court, we as a lawyer assist you in these proceedings by convincing the court that all the conditions of slander and defamation have been met and also claim compensation from the perpetrator. After the court has ordered the perpetrator to pay damages, we as a lawyer ensure that these damages are collected and finally reach you.
Will you be accused of slander and defamation of honor? As a lawyer, we will examine whether all the conditions to speak of slander and defamation are met and will advise you on this matter. Should you have to report for questioning to the police (or to the examining magistrate), we, as your lawyer, will assist you during this interrogation. Should you have to appear before the chambers after a judicial investigation, our lawyer will try to convince them that there are insufficient indications of guilt. If you are finally summoned to the correctional court, our lawyer will try to convince the court that all the conditions of slander and defamation have not been met and you should be acquitted. If you do not contest your guilt then we as a lawyer try to convince the court to give you an appropriate punishment and keep the victim's (the civil party's) claim within proper proportions.
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