Appeal dismissed; court upheld acquittal due to truth defense and public interest motive in defamation case.
Legislator summary
AI generatedThe appellate court dismissed the private prosecutor's appeal, upholding the first-instance acquittal of the defendant. The defendant argued that the court erred in fact-finding and misinterpreted the law regarding public defamation, while the prosecutor claimed the defendant's statements were false and lacked truth. The court ruled that the defendant acted in a socially justified public interest to expose genuine criticisms of the housing cooperative's management, thereby establishing a valid defense against the criminal charge.
Legislator headnote
AI generatedArt. 212 § 2 kk; Art. 213 § 2 pkt 2 kk: A defendant is acquitted of defamation if the contested statements are true and made in the defense of a socially justified public interest, even if the wording is harsher than necessary.