Slander and Insult: Differences, Penalties and Defence ▷ 2026 Guide
In this article
Key Takeaways
- Slander: up to 2 years in prison
- Exceptio veritatis
- Serious insult: a fine
- Animus criticandi defence
Slander (Art. 205 CP) is the false attribution of a specific offence to someone, knowing it to be untrue; when made with publicity it is punished with 6 months to 2 years in prison or a fine of 12 to 24 months. Insult (Art. 208 CP) harms a person's dignity and is only prosecuted criminally when it is serious, carrying a fine. The most powerful defence is the exceptio veritatis: if the accused proves that the facts attributed are true, they are exempt from liability. Animus criticandi and freedom of expression on matters of public interest also apply.
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Offences against honour protect the dignity, reputation and self-esteem of individuals. As criminal lawyers experienced in offences against honour, we defend people accused of slander and insult — an area where freedom of expression collides with the protection of another's honour.
Slander (Art. 205 CP)
This consists of falsely attributing a specific offence to someone, knowing it to be untrue. Penalties:
- With publicity (social media, press): 6 months to 2 years in prison, or a fine of 12 to 24 months.
- Without publicity: a fine of 6 to 12 months.
Exceptio veritatis: if the accused proves that the facts attributed are TRUE, they are exempt from liability. It is the most powerful defence.
Insult (Art. 208 CP)
This consists of expressions or actions that harm a person's dignity, damaging their reputation or attacking their self-esteem. It is only prosecuted criminally where it is serious:
- Serious insult with publicity: a fine of 6 to 14 months.
- Serious insult without publicity: a fine of 3 to 7 months.
Defence Strategies
- Exceptio veritatis: proving the truth of what was stated (only in slander, and in insults against public officials).
- Animus criticandi: showing that the expression was legitimate criticism, not an attack on honour.
- Freedom of expression: the Constitutional Court protects freedom of expression where it concerns matters of public interest.
- Lack of seriousness: in insult cases, showing that the expressions did not reach the threshold of criminal seriousness.
Accused of Slander or Insult?
The exceptio veritatis and freedom of expression are powerful tools. Our criminal lawyers will assess whether your conduct is constitutionally protected.
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Frequently asked questions
What is the difference between slander and insult?
Slander (Art. 205 CP) consists of falsely attributing a specific offence to someone, knowing it to be untrue. Insult (Art. 208 CP) is any expression or action that harms a person's dignity by damaging their reputation, and it is only prosecuted criminally where it is serious.
What penalties do slander and insult carry?
Slander with publicity is punished with 6 months to 2 years in prison or a fine of 12 to 24 months; without publicity, with a fine of 6 to 12 months. Serious insult with publicity is punished with a fine of 6 to 14 months and, without publicity, with a fine of 3 to 7 months.
What is the exceptio veritatis?
It is the most powerful defence against slander: if the accused proves that the facts attributed are true, they are exempt from liability. In insult it is only admitted where directed against public officials in the exercise of their duties.
Does freedom of expression cover criticism that offends?
The Constitutional Court protects freedom of expression, especially on matters of public interest. The defence can show animus criticandi (legitimate criticism, not an attack on honour) or, in insult cases, that the expressions did not reach the threshold of criminal seriousness.
Do you need criminal defense in this area?
We are criminal defense lawyers specializing in crimes against honor. We act urgently to protect your rights.