Defamation on Facebook will be punished

“Defamation” was the charge of the public prosecutor’s office against a citizen in the district, which according to the Criminal Code is punishable by imprisonment for up to two years, for public statements up to five years, alternatively with a corresponding fine.

Without further questioning of witnesses, the proceedings were finally dropped in agreement between the public prosecutor’s office and the defense against a fine of 1000 euros. For the defendant, there are additional costs for the court, lawyer and the expenses of the three witnesses summoned. With this result of the hearing, the accused is not considered to have a criminal record.

In two cases, the accused was reported for postings on Facebook: On the one hand, he had made negative comments about a family, including the assumption that the father was addicted to alcohol and the mother was only simulating a disability. On the other hand, he had described another citizen of the same town in which he lives as a local village troublemaker and informer.

His defense attorney frankly admitted that all of this was actually written by the defendant. But with the conviction that this is the case. When he wrote this, he was “emotionally overwhelmed”.

Judge Sieglinde Tettmann asked whether there had been contacts to settle the dispute. The other side refused such contacts, said the accused. The judge suggested out-of-court mediation talks. As soon as the accused has paid the 1000 euros in full, the proceedings are finally discontinued. klk

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