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Art. 174
Wilful defamation 1. A person in addressing a third party, and knowing his allegations to be untrue, 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, knowing them to be untrue, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender has acted systematically to undermine the good reputation of another, a custodial sentence of from one month to three years or a monetary penalty of not less than 30 daily penalty units shall be imposed.234 3. If the offender recants his statement before the court on the grounds that it is untrue, the court may impose a more lenient penalty. The court must provide the person harmed with a document confirming the recantation. 234 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). |