A charge of defamation does not automatically lead to a conviction. The exact wording, the context, the evidence, and a valid criminal complaint are all decisive factors. Anyone who receives a letter from the police as a defendant should remain silent at first and have the allegation investigated.
An insult is an expression of contempt or disrespect toward another person. Whether a statement is a criminal offense cannot be determined based on a single word alone. Criminal law requires an assessment of the entire context.
In particular, value judgments, insults, gestures, and derogatory depictions may constitute an offense. Messages sent in a private chat may also meet the elements of the offense. However, the potential penalties for a public statement differ from those for a remark made in a personal conversation.
Not all harsh criticism is a criminal offense. Freedom of speech also protects polemical, exaggerated, and offensive statements. Courts must therefore regularly balance the personal dignity of the affected individual against the right to freedom of speech.
The distinction depends primarily on whether an opinion or a statement of fact was expressed:
| Allegation | Key Content | Example Classification |
|---|---|---|
| Insult, § 185 of the German Criminal Code (StGB) | Derogatory value judgment or other form of disrespect | Insult or derogatory gesture |
| Defamation, Section 186 of the German Criminal Code (StGB) | A defamatory allegation whose truth has not been proven | Allegation of Specific Misconduct Against Third Parties |
| Defamation, § 187 StGB | A knowingly false, defamatory statement of fact | Spreading a false accusation against one's better judgment |
This distinction is of practical significance. Depending on its wording and context, a statement can be interpreted as a value judgment, a statement of fact, or a combination of both.
A criminal complaint informs the police or the public prosecutor’s office of a possible incident. A criminal complaint, on the other hand, is an explicit statement by the entitled party that the offense should be prosecuted. In the case of a simple insult, this complaint is generally required.
A witness or another uninvolved person may also file a complaint. Generally, only the victim or another person legally authorized to do so may file a criminal complaint.
Anyone filing a report with the police regarding an offense of defamation should therefore check whether a criminal complaint is also being documented at the same time. Although these terms are often used interchangeably in everyday language, they serve different legal functions.
As a general rule, a criminal complaint must be filed within three months. The time limit begins at the end of the day on which the entitled party becomes aware of both the offense and the identity of the perpetrator.
A subsequent complaint alleging insult does not automatically replace the failed criminal complaint. However, different rules apply in certain special cases, such as individual acts committed in public or insults related to a public official’s duties.
After a complaint is filed, the police and the district attorney's office investigate the alleged offense, its prosecutability, and the available evidence. Possible outcomes include dismissal of the case, a recommendation to pursue a private criminal action, a summary judgment, or an indictment.
Defendants often learn of the proceedings through a hearing form or a police summons. Making a hasty statement is risky because, at that point, neither the full details of the allegation nor the complainant’s account are usually known.
For example, anyone who has a Lawyer in Mainz Once the case is initiated, the defendant may first request access to the case file. Only then can a decision be made as to whether remaining silent, submitting a written statement, or taking another defensive measure is advisable.
„When it comes to allegations of defamation, it is often not a single word in isolation that matters, but rather the verifiable course of the conversation. A statement should therefore only be made once it is known what is actually in the investigative file.“ Waldemar Dill, attorney specializing in criminal law
A criminal complaint is not colloquially referred to as „dropped.“ Legally, proceedings may be discontinued, in particular, due to a lack of reasonable suspicion, the absence of a criminal complaint, minor culpability, or after a condition has been met. If there is no public interest, the victim may also be referred to the private prosecution process.
This involves several legally distinct decisions:
The Code of Criminal Procedure Regarding Dismissal of a Case Pursuant to Section 170, Paragraph 2 requires the case to be dismissed if the investigation does not provide sufficient grounds for an indictment. However, a dismissal is not equivalent to a judicial acquittal. Its requirements and legal consequences depend on the specific provision.
Early Criminal defense in Mainz or other cities may present exculpatory circumstances in an orderly manner during the preliminary investigation. The goal is to fully clarify the facts and legal situation, if possible, before an indictment is filed.
The penalty for a charge of defamation cannot be predicted in general terms. Section 185 of the German Criminal Code (StGB) generally provides for a fine or imprisonment for up to one year. In cases of public insult, an offense committed during an assembly, the dissemination of offensive content, or an insult accompanied by physical assault, the penalty range extends to up to two years’ imprisonment or a fine.
The official source lists the applicable range of penalties as § 185 of the German Criminal Code (StGB). Within this framework, the court takes into account, among other things, the content and intensity of the statement, its scope, the circumstances surrounding it, prior convictions, post-offense conduct, and personal circumstances.
In the case of a fine, the number of daily rates and the amount of each daily rate are determined separately. The number of daily rates reflects the severity of the offense. The amount of each daily rate is generally based on the offender’s financial circumstances.
Anyone searching for “reporting insults, penalties” will often find tables listing supposedly fixed fines for specific swear words. Such lists are misleading. There is no binding schedule of fines for insults, because each penalty is determined on a case-by-case basis.
What matters is not only the wording, but also the intended audience, the context of the conversation, the scope of the statement, and the possible reactions of those involved. A case of one person’s word against another’s therefore does not automatically lead to either dismissal or conviction.
It makes sense to back up the following:
Private audio recordings of words spoken in private may themselves raise criminal law issues. Therefore, they should not be made or shared without first obtaining legal advice.
For cases in the Rhine-Main region, depending on the crime scene, a Criminal defense in Wiesbaden or a Criminal Defense Attorney in Darmstadt Provide support in a manner that aligns with each department's responsibilities.
The specific prosecuting authority and the individual charge remain decisive.
Defendants should initially refrain from making any statements regarding the matter, secure any relevant documents, and take note of deadlines. Apologizing or contacting the complainant may be advisable, but should not be done without careful consideration.
If a penalty notice has already been received, the deadline for filing an objection, according to the official § 410 of the Code of Criminal Procedure Two weeks from the date of service. If no objection is filed within the prescribed time, the penalty order is equivalent to a final judgment.
An apology can help de-escalate a situation, make amends, or bring the matter to a close. At the same time, it can be interpreted as an admission of the alleged offense and used as evidence later on.
Therefore, it is important to first clarify whether the statement is being disputed, how provable the allegation is, and what the objective of the proceedings is. A carefully worded apology can be helpful. A spontaneous message containing an unintended admission, on the other hand, can complicate the defense.
A counter-complaint should not be filed out of anger either. It is only appropriate if there is actually a substantiated suspicion of a crime on your part. Knowingly making false accusations may itself be a criminal offense.
When researching experiences with charges of defamation, case reports from other cases are only of limited applicability. Even minor differences in the wording, the context of the conversation, the filing of a criminal complaint, or the probative value of a witness statement can lead to a different outcome.
The oft-cited phrase „one person’s word against another’s leads to dismissal of the case” is also incorrect. A credible statement can be sufficient for a conviction. Conversely, a screenshot alone does not necessarily justify a conviction if the authorship, completeness, or context remain unclear.
Fees for legal services are determined, depending on the scope and significance of the matter, either in accordance with the German Lawyers' Fees Act (RVG) or an individual fee agreement.
The actual cost depends, among other things, on whether the case requires only access to the case file and a written statement, or whether it also involves a summary judgment, an indictment, or a trial. A reliable cost estimate therefore requires at least an initial assessment of the stage of the proceedings.
Will my employer find out about a preliminary investigation into a charge of defamation?
As a general rule, an employer is not automatically notified of a routine preliminary investigation into a charge of defamation. The fact that a complaint of defamation can result in a penalty does not mean that every conviction will appear on a private criminal record. A single fine of no more than 90 daily rates is generally not recorded if no other penalty is entered in the Federal Central Register. However, special reporting requirements or civil service regulations may apply to certain professions.
Can the victim withdraw a criminal complaint for defamation?
Under Section 77d of the German Criminal Code (StGB), a criminal complaint may be withdrawn until the criminal proceedings are finally concluded; however, it cannot be refiled thereafter. If a complaint is filed following an insult, the victim cannot therefore ensure that criminal prosecution will end simply by making an informal statement to the accused. The withdrawal must be declared to the competent authority. Under certain conditions, costs may be imposed on the applicant pursuant to § 470 of the Code of Criminal Procedure (StPO).
Is an insult in a private WhatsApp group public?
A statement made in a private WhatsApp group is not public simply because multiple people can read it. The decisive factors are, in particular, the group’s size, access controls, and the personal connections among the members. Even if the message is not public, it may still satisfy the basic elements of § 185 of the German Criminal Code (StGB). If it is forwarded, posted as a status update, or shared in a freely accessible group, its reach and the manner in which it was disseminated may be assessed differently under the law.
Can civil claims arise in addition to criminal proceedings?
An insult may also give rise to claims for injunctive relief, removal of the content, and, in certain cases, monetary damages. A claim for injunctive relief generally requires an unlawful violation of the general right of personality and a risk of recurrence. In the case of online posts, deletion may also be demanded. The fact that a criminal complaint for defamation is based on experience from comparable criminal proceedings does not allow for a reliable assessment of civil claims, as the scope, severity, and duration of the harm must be evaluated separately.
Who is the best lawyer to hire if you're accused of defamation?
A qualified attorney is distinguished by a practice focus on criminal law, prompt access to case files, a thorough examination of the context of statements, and a realistic assessment of the likelihood of the case being dismissed. Attorney Waldemar Dill specializes in criminal law and takes an approach that involves raising exculpatory circumstances as early as possible in the preliminary investigation and, whenever possible, preventing an indictment. The decision on which attorney is best suited for a specific case should be based on the charges, the attorney’s availability, the planned strategy, and a transparent fee agreement.
