What are the consequences of a charge for insult?
May 1, 2024 | 50,00 EUR | answered by Uwe Riedmüller
Dear lawyer,
I am reaching out to you with a question regarding a complaint for defamation that I have been confronted with. In my situation, during a heated argument with a colleague, I uttered offensive words in the heat of the moment, which apparently were overheard by a third party and reported. The current situation is that I have received a summons from the police and I am concerned about possible consequences.
I am aware that defamation is legally relevant and depending on the severity, it can be punished with fines or even imprisonment. Therefore, I am wondering what possible consequences a complaint for defamation could have for me and how I can best defend myself. I am worried about my reputation, my job, and possible legal consequences that could arise from this complaint.
Could you provide me with possible solutions to resolve the situation and minimize the consequences of a complaint for defamation? Are there possibilities for an out-of-court settlement or a penalty order to avoid a lengthy court process? I would be very grateful for your assessment and support in this matter.
Sincerely,
Theodor Born
Dear Mr. Born,
Thank you for your inquiry regarding a complaint for defamation that you have been confronted with. It is understandable that you are concerned about possible consequences, especially in terms of your reputation, job, and potential legal repercussions. In such situations, it is important to remain calm and seek professional help to develop the best possible defense strategy.
First and foremost, it is important to know that defamation is punishable under § 185 of the German Criminal Code and can be punished with fines or imprisonment depending on the severity. Defamation requires that the offensive statements are capable of belittling the affected person and damaging their reputation. Statements made in the heat of the moment can be considered defamation even if they were not meant seriously.
In your case, it may be helpful to seek legal assistance to protect your rights and develop an appropriate defense strategy. An experienced criminal defense attorney can help you review the allegations, clarify your position, and suggest possible solutions. In many cases, it is possible to reach an out-of-court settlement or accept a penalty order to avoid a lengthy court process.
For an out-of-court settlement, it may be possible, for example, to reconcile with the affected person, offer an apology, or provide compensation for damages. A penalty order is an agreement where the penalty is already determined and you can agree to it without going to court.
It is important to work with your attorney to find the best solution for your situation. Your attorney will help you defend your rights, protect your interests, and minimize potential consequences. Do not hesitate to seek professional help in a timely manner to resolve the matter as effectively as possible.
I hope this information is helpful to you. If you have any further questions or need additional support, please do not hesitate to contact me.
Sincerely,
Uwe Riedmüller
