热度 11已有 340 次阅读2018-2-6 22:49 |系统分类:政经学术
德国法律对于针对个人的诬蔑诽谤有着比美国更为清晰明确的定义,是刑事犯罪:
Insult (Criminal Code Art. 185) is punishable by up to one year in prison (two if committed “by means of an assault”) or a fine . 侮辱罪 - 最高入狱一年
Defamation (Criminal Code Art. 186) is defined as assert[ing] or disseminat[ing] a fact related to another person which may defame him or negatively affect public opinion about him”. It is punished with a fine or imprisonment for up to one year. A sentence of imprisonment for up to two years can be imposed if the act is “committed publicly or through the dissemination of written materials . 诽谤罪-最高入狱一年
Slander (Criminal Code Art. 187) consists of a defamatory statement that the speaker knows to be false and that is aimed at damaging a person’s reputation “or endanger[ing] his creditworthiness”. The punishment is a fine or imprisonment for up to two years. A sentence of imprisonment for up to five years can be imposed if the act is committed publicly or via media. 诬蔑罪-最高入狱两年。
夺标在过去的几个月来在汉山网发布了一系列针对多位博客个人的诽谤博文 <驴肝肺特辑系列>,在她公开发表的这些博文里,她以年龄,相貌和职业捏造虚假信息诬蔑诽谤其他博客,甚至于非法下载别人的私人图片用于公开诬蔑之目的。她的所作作为已经对多名无辜的博客包括本人及其我的太太造成了名誉伤害。我已经下载了她所有的 <驴肝肺特辑系列>,我也保留了她的IP 地址和邮件地址, 今天晚上回家后就会把这些信息和资料全部转给德国联邦警察 German Federal Criminal Police Office
Dear German Federal Police Officer:
I am a US citizen residing at (真实地址) and reporting to your office disturbing blogs posted by a blogger registered under the name of 夺标 in Chinese who we believe lives in Germany. I co-founded a discussion forum under the domain name of oscclub.com which serves as a platform for bloggers of Chinese ethnicity around the world to shares life stories and views on a variety of issues, mainly social and cultural. Our forum is open to public. This blogger I am reporting upon registered with us under the same name two years ago. Her membership was terminated by us in October 2017 due to multiple complaints filed by her peer bloggers for her defamatory comments and ill-intents. She hereafter went to a discussion forum akin to ours (domain name is hanshan.info) and posted a series of disturbing blogs to mock our bloggers’s age, body weight, physical appearance, professions etc. She even gave such a for-the-sole-purpose-to-hurt blogs a demeaning name 驴肝肺特辑系列 (donkey’ liver and lung series), she downloaded our bloggers' family pictures without permit and posted in her blogs to make explicitly derogatory comments. Our bloggers me included made repeated public appeal to demand her to stop, but she chose to ignore us. She probably thought she can be bold as she lives beyond United States jurisdiction. She may be right, so we are bringing her acts to your attention. I am of the opinion that what she did is criminal in nature according to German Criminal Code Art. 185, 186 and 187. Attached is her blog series referenced herein as evidence and her IP address (XXX) and email address. Based on her IP address provided, we believe she lives in Germany.
You may contact me should you need further information about this incident.
best regards
本人的真名和电话
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