The Responsibility of Those Accused of Slander against the Right of Defence

Abstract

This paper deals with important theoretical and practical issues connected with the explanations of the accused that contain features of slander. The study presents the types of slander, but it primarily focuses on whether and when the accused is held liable for the slander of another person in the context of explanations. It has been emphasized that the lack of criminal responsibility of the accused for the content of such explanations is applicable only when the accused acts in defence and not “on the occasion” of defence. Determining whether the accused is held liable for the content of the slander, depending on whether it acts within the rights of the defence or whether it exceeds these limits, must always be considered against the background of the case. The rights of defence in the analyzed aspect – and the understanding of the term “within the limits of the right of defence” – should be interpreted extensively, as this right cannot be abused by the accused.