Swiss Criminal Code (SCC) Art. 173

Zusammenfassung der Rechtsnorm SCC:

Art. 173 SCC from 2024

Art. 173 1. Offence against personal honour Defamation ⁽¹⁾

1. Any person who in addressing a third party, makes an accusation against or casts suspicion on another of dishonourable conduct or of other conduct that shall be liable to damage another'"s reputation,any person who disseminates such accusations or suspicions,shall be liable on complaint to a monetary penalty. ⁽²⁾ 2. If the accused proves that the statement made or disseminated by him corresponds to the truth or that he had substantial grounds to hold an honest belief that it was true, he is not liable to a penalty.3. The accused is not permitted to lead evidence in support of and is criminally liable for statements that are made or disseminated with the primary intention of accusing someone of disreputable conduct without there being any public interest or any other justified cause, and particularly where such statements refer to a person’s private or family life.4. If the offender recants his statement, the court may impose a more lenient penalty or no penalty at all.5. If the accused is unable to prove the truth of his statement, or if it is shown to be untrue, or if the accused recants his statement, the court must state this in its judgment or in another document.