311.0
STGBCP
CH
CH
Art. 175 Code pénal suisse (CP)
CP; Titre 3 Infractions contre l’honneur et contre le domaine secret ou le domaine privé ; 1. Délits contre l’honneur.; Diffamation et calomnie contre un mort ou un absent
Art. 175 CP
Si la diffamation ou la calomnie vise une personne décédée ou déclarée absente, le droit de porter plainte appartient aux proches du défunt ou de l’absent.
Toutefois, aucune peine n’est encourue s’il s’est écoulé plus de trente ans depuis le décès ou la déclaration d’absence.
Décisions judiciaires appliquant cette disposition (11)
SB240383 · zh (Art. 175 Abs. 1 StGB)
Attempted Extortion and Coercion Conviction Upheld, Defamation Acquittal Granted, Therapeutic Measure Overturned
Used in conjunction with Art. 173 Ziff. 1 StGB to acquit the defendant of defamation against a deceased person.
501 2020 52 · fr (art. 175 CP)
Appeal on Coercion and Defamation Against Deceased Tenant's Heirs Upheld
Cited in the dispositive (order 3) for confirming the conviction for defamation and slander against a deceased or absent person.
D.cision.2020.551 · vd (Art. 175 CP)
Appeal Against Dismissal of Defamation Complaint Against Deceased Person
The substantive legal basis governing defamation or slander against a deceased person, relevant to the case facts.
P/11288/2019 · ge (Art. 175 al. 1 CP)
Appellant v. Prosecutor (Defamation Jurisdiction)
Cited in the reasoning regarding the standing of the complainant to file the complaint on behalf of the deceased mother.
D.cision.2019.29 · vd (Art. 175 al. 1 CP)
Appeal Regarding Dismissal of Defamation and Insult Charges Over Private WhatsApp Messages
This article defining defamation/calumny against a deceased person was discussed in the context of the grounds for the initial decision, although the appeal was ultimately rejected on other grounds (implied by the confirmation of the initial decision).
17.2015.170 · ti (art. 175 CP)
Political Figure Defamation Acquittal Upheld on Public Interest Grounds
The acquittal on the charge of defamation against a deceased person (the main subject of the appeal) is confirmed by upholding the lower court's decision regarding this article.
60.2003.290 · ti (art. 175 CP)
Appeal Regarding Dismissal of Defamation Complaint Against Deceased Subject
Cited in the operative part as one of the applicable provisions governing the subject matter, even though the request based on it was ultimately rejected.
VPB 1993-06-03 (Art. 175 StGB)
Electronic Records and Forgery: A Jurisdictional Debate
This article pertains to the evidentiary value of records on image and data carriers, equating them to written form. The debate involves a majority and minority proposal regarding its application to public documents.
17.2015.170 · ti (art. 175 CP)
Acquittal Upheld for Defamation Against Deceased Political Figure Due to Proven Truth in Public Interest Context
The main ground for upholding the acquittal concerning the charge of defamation against a deceased person (Art. 175 CP) is based on the factual finding that the proof of truth (Art. 173 cpv. 3 CP, applied analogously) was successful due to public interest.
60.2003.290 · ti (art. 175 CP)
Criminal Appeals Court Upholds Dismissal of Defamation Charges Against Deceased Person's Statements
Cited in the final pronouncement as the substantive law underlying the attempted prosecution.
SB240383 · zh (Art. 175 Abs. 1 StGB)
Attempted Extortion and Threats Conviction Upheld, Defamation Acquittal and Compensation for Unjustified Detention
The applicant was acquitted of the charge of defamation against a deceased person under this article in combination with Art. 173 Ziff. 1 StGB in the final order (Dispositiv Ziff. 1).