Criminal defense for Defamation in Bonn

Legal Basis

§ 187 StGB

Sentencing Range

Imprisonment of up to two years or a fine; up to five years if committed publicly

Summary

Asserting or disseminating an untrue fact about another person that is capable of degrading them, despite knowing the fact to be untrue

An accusation of defamation under Section 187 StGB – the knowing assertion of untrue facts – often arises online and can carry heavier penalties than an insult. The decisive questions are the truth of the statement and whether it was made against better knowledge. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – after full access to the case file.

Slander (Section 187 German Criminal Code) – Criminal Defense Against Slander Charges

Slander (Slander) is the most serious form of offences against personal honour and requires that the offender asserts or disseminates an untrue fact knowing it to be untrue. Unlike defamation (Section 186 StGB), the offender must positively know that the asserted fact is false. For expats in Germany, the distinction between defamation and slander is crucial as it determines both the burden of proof and the severity of the penalty.

Statutory Text – Section 187 StGB

Whoever, knowing better, asserts or disseminates an untrue fact relating to another person that is capable of making them contemptible, degrading them in public opinion, or endangering their credit, shall be punished with imprisonment of up to two years or a fine, and if committed publicly, at a gathering, or by disseminating content, with imprisonment of up to five years or a fine.

Elements of the Offence in Detail

Untrue fact: Unlike defamation, the asserted fact must be objectively untrue. True facts cannot constitute slander, even if they are dishonourable.

Knowing better: The offender must know that the asserted fact is untrue. Mere doubts about the truth are insufficient – the offender must positively know the untruth. This element distinguishes slander from defamation.

Capacity to degrade or endanger credit: The untrue fact must be capable of making the affected person contemptible, degrading them in public opinion, or endangering their credit (economic creditworthiness).

Typical Methods of Commission

Slander is committed through deliberately making false allegations of criminal offences by others, spreading fabricated scandals or affairs, false accusations in professional contexts aimed at causing harm, creating fake reviews or profiles on the internet, and deliberately spreading misinformation on social media. Slander is frequently committed in connection with personal revenge or competitive situations.

Sentencing Range

Simple slander is punished with imprisonment of up to two years or a fine. For public commission, at a gathering, or by disseminating content, the range increases to up to five years of imprisonment or a fine. Slander is generally an offence prosecuted only on complaint. In addition to criminal sanctions, substantial civil law claims for damages and injunctive relief may arise.

Typical Defense Strategies

Defense against slander charges focuses on the central element of acting with knowledge of untruth. If it can be demonstrated that the accused believed the asserted fact to be true – even if it turns out to be untrue – slander is excluded. At most, defamation may then be considered. It is further examined whether the statement constitutes a factual assertion or a value judgment, whether the criminal complaint was filed in time, and whether justification grounds apply. Attorney Bafteh develops an individual defense strategy for each case.

Summons or accusation of Defamation? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Defamation requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.