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In Enschede and Overijssel, the knowledgeable criminal lawyers at Derbedrosian Criminal Lawyers are ready to assist you. Our lawyers in Enschede have extensive experience in criminal cases, including cases involving insult and related offenses. Defamation of a public official in office is a criminal offense subject to legal sanctions. Defamation, libel and slander are all criminal offenses involving damage to someone's reputation or honor. It is important to understand that defamation is a criminal offense and can have legal consequences. If you are facing allegations of defamation, libel or slander, it is very important to seek legal advice and take the appropriate steps. Our lawyers in Enschede are available to advise you and represent your interests in cases involving defamation and related offenses. If you need legal assistance, do not hesitate to contact Derbedrosian Criminal Lawyers. We are here to help you and handle your case.

In the Netherlands, you may freely express your opinion, but not everything is allowed without consequences. Insults, libel and slander can range from verbal abuse to online slander, and have the potential to cause significant damage to a person's honor and good name.

There are rules in the Penal Code that place restrictions on what you can say. For example, insults are not allowed under Articles 266 and 267. These laws are there to protect people from damage to their reputation.

What is an insult?

An insult is simply something people say or do to ridicule, or bring someone down. It can be done on purpose or accidentally, but the goal is usually to humiliate the other person.

When are insults punishable?

Although insults are often perceived as shocking and offensive, many statements still fall under freedom of speech, albeit with certain restrictions. Within the realm of insult, a distinction is made between intentional and unintentional insults. Article 267 of the Penal Code treats specific categories separately:

Public: insulting public authority, a public body or a public institution.
Official in office: Insulting an official in the performance of his duties. This may include, for example, a police officer.
Friendly state: insulting a member of the government of a friendly state is also punishable.

Different types of insult

In the criminal code, insult occurs in three ways, namely;
Insult: When someone intentionally tries to damage someone's honor or reputation. This can happen through words, written text, as well as images, for example.
Defamation: When someone tries to damage your good name by spreading negative information about you, even if the information is not true. An example of this is if you have been in prison and someone spreads false claims about your time there
Slander: Defamation is very similar to libel, only with slander we speak of a lie about the person or group which therefore turns out not to be true.

All three cases involve complaint crimes.
A person is only criminally prosecuted if the victim requests it.

When is offensive behavior considered a criminal offense?

When is offensive behavior considered a criminal offense

To determine whether something is an insult, several factors must be considered.

Actual insult: the expression must be actually offensive, meaning that it affects a person's honor, reputation or dignity.
Intention: by this is meant that there is intent, meaning that the perpetrator intended to offend the person or group.
Manner of expression: An insult can be expressed in a variety of ways. These include verbally (speech) or in a written way (via a letter or email).

Procedure insult, libel or slander

When someone is facing an insult trial, it is wise to have the following two things in place.

Collection of evidence: Making copies of necessary documents, photos, chat history or other forms of evidence on offense is the first step to a strong defense. Consider messages that have done financial damage on the person or business. Recorded phone calls and emails a person has received in the past can also come in handy during the criminal case.
Report to police: after the necessary evidence is gathered, you can file a report with the police. It is important to note that libel and slander are complaint offenses. This means that the report can still be withdrawn within 8 days.

Consequences of an insult

Not only the person who commits the mistake, but also the victim can suffer great harm. For example, if a company is badly discussed, it can cause great financial damage. But individuals can also suffer severely from false accusations. If a person is portrayed very negatively word on the Internet, far fewer people would want to work with that person.

Insulting lawyer

A conviction for insult can result in a criminal record on your record, which prevents you from applying for a Certificate of Good Conduct (VOG). This is something you naturally want to avoid. It is therefore wise to seek help from an experienced attorney who can assist you when you are facing insults such as libel or slander.

At law firm Der Bedrosian, we have at our disposal specialized lawyers in the criminal law allowing them to offer you professional help.

When you feel free to contact us, one of our attorneys will help you with your case as soon as possible.

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