Beste Verleumdung Anwälte in Wien

1. About Verleumdung Law in Wien, Österreich

Verleumdung in Wien is governed by a combination of criminal and civil provisions in Austria. The criminal offenses of defamation are found in the Strafgesetzbuch (StGB) and include Üble Nachrede and Verleumdung. Civil claims for harm to personality and reputation are handled under the Allgemeines Bürgerliches Gesetzbuch (ABGB) and related civil law concepts. For residents of Vienna, enforcement and court proceedings occur in Vienna's local courts and public prosecutors offices just as in other Austrian jurisdictions.

In practice, a defamation matter can involve criminal proceedings brought by the state or civil actions brought by the harmed party seeking damages or injunctive relief. Because Vienna has a dense media and online environment, many cases involve online posts, blogs, or social media that cross local and national borders. To navigate both criminal and civil routes effectively, many people engage a lawyer who specializes in Verleumdung and personality rights in Austria.

Legal texts and current wording for Verleumdung and related offenses are published in the Austrian Rechtsinformationssystem (RIS). See the sections on Üble Nachrede and Verleumdung in the Strafgesetzbuch (StGB).

Helpful note for Vienna residents: Even if you are unsure whether the issue is criminal or civil, consulting a Vienna-based defamation lawyer early helps you preserve evidence and plan next steps. Early legal advice can clarify whether a criminal complaint, a civil claim, or both are appropriate given the facts.

2. Why You May Need a Lawyer

Engaging a lawyer early can save time, reduce risk, and improve outcomes in defamation matters in Wien. Below are concrete, real-world scenarios common to Vienna where legal counsel is advisable.

• A Vienna business owner is accused of fraud in a defamatory online post by a former partner, triggering potential Verleumdung charges and a civil damages claim.
• A local journalist in Vienna publishes a critical article about a public official and faces Üble Nachrede allegations if the official claims the statements harmed reputation.
• A Vienna resident is targeted by repeated social media posts containing false statements about health or professional competence, and the posts spread to local newspapers or forums.
• A Vienna landlord receives a false online review that damages rental demand and asks for a court order to retract or delete content and seek damages for reputational harm.
• A Vienna-based motivational speaker is named in a blog post with false allegations of misconduct and wants to assess both criminal liability and civil damages.
• A small Vienna business learns about a potential defamation suit against a competitor who posts misleading information on a local online marketplace, affecting sales and customer trust.

3. Local Laws Overview

The core statutes governing Verleumdung in Wien are contained in the Austrian Strafgesetzbuch (StGB) and the Allgemeines Bürgerliches Gesetzbuch (ABGB). The main criminal provisions are:

• Strafgesetzbuch (StGB) § 111 Üble Nachrede - Defines the offence of making assertions that harm another person’s reputation, without alleging false facts as a matter of fact. The provision is applicable to Vienna as part of Austria-wide criminal law.
• Strafgesetzbuch (StGB) § 115 Verleumdung - Addresses false statements made with the intention to defame or harm a person’s reputation by presenting untrue facts as facts. This offense is actionable in Vienna just as elsewhere in Austria.
• Allgemeines Bürgerliches Gesetzbuch (ABGB) - Civil protection of personality rights and damages for harm to reputation. This provides the civil pathway for individuals in Wien to seek compensation or injunctive relief for defamatory statements.

Current texts and exact wording are published in RIS and are periodically updated. For the latest authoritative wording and any changes, check RIS and Justiz resources. The general approach is that criminal defamation is pursued by the state while civil claims are pursued by the harmed party through the courts in Vienna.

Authoritative statutes and current versions are available on the RIS platform. See StGB § 111 and § 115, and ABGB for civil protections of personality rights.

4. Frequently Asked Questions

What is Verleumdung under Austrian law?

Verleumdung is a criminal offense in Austria that involves making false statements about another person with the intent to harm their reputation. It differs from simple insults by focusing on the falsehood and the harm caused to reputation. See StGB § 115 for the general framework and requirements.

How do I file a Verleumdung complaint in Vienna?

Criminal complaints are typically filed with the local public prosecutor in Vienna or with the police. A lawyer can help you prepare a detailed statement, collect evidence, and present a coherent case. Early steps improve the likelihood of a timely review by authorities.

What is the difference between Verleumdung and Üble Nachrede?

Verleumdung requires a false statement presented as fact, with intent to harm reputation. Üble Nachrede involves a statement that is defamatory but may not require proof of falsehood, depending on the circumstances. Both are criminal offenses but have different factual elements.

How long does a Verleumdung case take in Wien?

Criminal cases in Vienna often take several months to over a year, depending on complexity and court availability. Civil defamation claims can also span many months, contingent on evidence, witness availability, and court scheduling.

Do I need a lawyer for Verleumdung cases in Vienna?

Yes, a lawyer specializing in defamation helps gather evidence, evaluate charges or claims, negotiate settlements, and represent you in court. A Vienna-based attorney will understand local procedures and judges’ tendencies.

How much can I claim in damages for Verleumdung in Austria?

Damages depend on prejudice, the severity of harm, and the evidence presented. Civil claims may cover loss of earnings, reputation harm, and legal costs. An attorney can help quantify a reasonable damages proposal for a Vienna court.

What is the civil path for Verleumdung claims under ABGB?

The civil route involves filing a lawsuit in the appropriate Austrian court to recover damages or seek injunctions to retract statements. The ABGB provides the basis for personality rights and remedies for defamation.

Can social media posts lead to Verleumdung charges in Vienna?

Yes. Statements published on social media that are false and harmful to a person’s reputation can meet the elements of Verleumdung or Üble Nachrede. In Vienna, platforms may be investigated, and the author may face criminal or civil action.

What evidence is needed for a Verleumdung case?

Evidence includes exact dates, copies of posts or articles, publication details, and any witnesses or experts who can corroborate the defamatory statements. Documentation of harm to reputation or business is also important.

Are there defenses to Verleumdung in Austria?

Possible defenses include truth (substantial proof of truth), consent to publication, and privileged communications. Each defense depends on the factual context and the elements of the alleged offense.

What is the difference between criminal and civil defamation actions?

Criminal defamation is pursued by the state and can lead to penalties or fines. Civil defamation seeks monetary damages and injunctions for harm to reputation. A case can involve both tracks if the facts support them.

Can a foreign defendant be sued in Vienna for Verleumdung?

Yes, if the defaming statements affected a person in Austria, Austrian courts can have jurisdiction. International aspects may require careful consideration of cross-border evidence and service of process.

5. Additional Resources

• RIS - Rechtsinformationssystem des Bundes - Official texts for StGB and ABGB, including § 111 Üble Nachrede and § 115 Verleumdung. https://www.ris.bka.gv.at
• Justizministerium - Official information on Austrian law and civil rights - General guidance on criminal and civil procedures in Austria. https://www.justiz.gv.at/
• European Court of Human Rights - Context on freedom of expression and private life in defamation matters. https://www.echr.coe.int/

6. Next Steps

1. Clarify your goal and collect evidence: identify posts, dates, publications, and any damages to your reputation in Wien. Gather screenshots, links, and any witnesses.
2. Identify Vienna-based defamation lawyers: look for attorneys who list Verleumdung or Üble Nachrede in their practice, and confirm they have court experience in Vienna.
3. Schedule an initial consultation: arrange in-person or online meetings within the next 1-2 weeks to discuss your facts and options.
4. Prepare your questions and documents: bring a summary of events, copies of publications, and a list of desired outcomes (criminal action, civil damages, or both).
5. Discuss costs and fees: obtain a written fee estimate, billing method, and possible retainer for a Vienna case. Ask about timelines and dispute resolution options.
6. Agree on a plan and retain counsel: sign a retainer agreement, and confirm the procedural steps your lawyer will take in Vienna.
7. Implement the plan and monitor progress: your lawyer will file the appropriate documents, coordinate with authorities or courts, and keep you informed of updates and timelines.