Defamation occurs when the perpetrator of libel (as mentioned above) knows that what he is accusing someone of is not the truth. In principle, defamation is punishable by up to two years in prison or a fourth-category fine (€25,750).
An example of defamation is the following situation. In a television interview, a journalist claimed without proof that a well-known entrepreneur was involved in a large-scale tax fraud. He accused the entrepreneur of embezzling millions of euros and hiding it for years with the help of corrupt officials. These accusations were made without any factual substantiation, while the journalist knew that the facts were probably incorrect. The entrepreneur, whose reputation was severely damaged, filed a complaint. The journalist was charged with defamation for intentionally spreading false information for the purpose of damaging the entrepreneur's honor and reputation.
What does the article of law say regarding defamation?
The article of law that criminalizes defamation, Article 262 of the Penal Code, reads as follows:
"He who commits the crime of defamation or libel, knowing that the fact charged is contrary to the truth, shall be punished, as guilty of defamation, with imprisonment for not more than two years or a fine of the fourth category (€25,750).
What penalties can be imposed in defamation cases?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers will ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for defamation is a sentence of up to two years. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected defamation. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted defamation punishable?
Attempting this crime is not punishable.
Exoneration for defamation?
With regularity, suspects are acquitted of this crime. An example is shown below.
The District Court of The Hague acquitted a suspect of libel and slander because it could not be proven that she had disseminated her statements for the purpose of publicity. The defendant had reported alleged sexual abuse by her neighbor during the period from 2014 to 2015 in a confidential circle of friends and acquaintances. The court ruled that these utterances had been shared primarily within a limited circle and not with the intention of wider dissemination. The rumor unintentionally spread further through other individuals in the community.
Need a lawyer for defamation?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you at the time you are suspected of defamation. Our lawyers will discuss the criminal file with you and together with you determine a strategy that can achieve the success you desire. However, it is good for you to know that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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