Defamation/slander
July 22, 2009 | 30,00 EUR | answered by Dr. Lars Nozar
On 20.06.2009, my husband was insulted in front of 50 mourners at the cemetery during the funeral speech in his absence.
Facts
Matthias would have liked to see his brothers Manfred and again and now you are pretending to mourn here.
What does a defamation lawsuit look like here? What needs to be done? What is the likelihood of success?
Hello, your question is quite "scant" and can only be answered to some extent. It always depends on the exact wording, the exact gesture, as well as the overall circumstances. Not everything that a person perceives as an insult is legally - criminally - a criminal offense according to §§ 185 et seq. of the Criminal Code. You must also differentiate between insult and defamation. An insult is usually spoken inter partes - that is, to the other person. Defamation is an insult that is made to third parties (e.g. in a eulogy). The crucial point is that the "disrespect" of the person concerned is expressed. In turn, this person must feel "insulted; his honor offended". As I said, it always depends on the individual case.
You must bear in mind that if you seek criminal prosecution, you must file a formal criminal complaint with any suitable authority to accept complaints (police, public prosecutor's office, etc.). Without this criminal complaint, the public prosecutor's office cannot do anything, so you should observe this quasi limitation period. If you have taken this route, it is often and predominantly the case that the proceedings are "discontinued due to lack of public interest" (unless it is a "repeat offender" or the so-called "public interest" is affirmed) and you are referred to the private prosecution route. Then you must submit a formal application to the court. However, prior to that, a conciliation procedure before an arbitrator is necessary. Whether - if you have gone through this process - the court then issues a conviction, always depends on the individual case.
Therefore, the term "success" is actually incorrect. Rather, it depends on what is necessary to restore legal peace. And this can also be a convicting criminal judgment against the perpetrator.
Overall, you can see that the process can be quite complicated. Therefore, I advise you to be accompanied on the above path (if you choose to go down it) by an experienced lawyer.
I hope I have been able to help.
