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Defamation Law

A slander occurs when a person someone else the commission of an offense ( official offense ; for example, or the violation of an official or professional ethics false murder) suspected , although the beschuldigende person (perpetrator / perpetrators) knows , that the accusation is false . The wrong suspicion must expose the accused (victim) to the risk of official prosecution.

Defamation means making defamatory claims about another person knowing that they are not true. That assertion has to be the declaration of a fact and not a personal value judgment .

Defamation and defamation: these penalties threaten:

The offense of defamation is imprisonment of up to one year or a fine. If the defamation is spread or published through writings, this can be punished with two years imprisonment. The penalty for defamation is significantly higher. The perpetrator faces up to two years imprisonment or a fine; if a person is publicly defamed, the range of punishment amounts to a prison term of up to five years.

However, perpetrators are not only threatened with criminal law consequences, they also have to reckon with consequences under labor law. Anyone who persuades others at work or slanders colleagues is violating his contractual obligations of loyalty, loyalty and consideration for his employer. There is initially a threat of a warning , in the event of repetition a behavior-related termination is justified. In serious cases, there is even a risk of extraordinary termination.