Question juridique clé
Whether the appellant’s accusations against the father constituted defamation under Art. 173 CP and whether the good-faith defense was made out.
Solution extraite
The accusations were honor-injurious and the appellant failed to prove good faith because she did not show, on the basis of what she knew at the time, that she had conscientiously verified the truth of her allegations.
Motifs extraits
Truth could not be proven by other means because the accusations concerned a criminal offense against the victim. For good faith, only facts known when the statements were made mattered; later evidence and post-complaint developments were irrelevant. The appellant’s arguments relied mainly on her own version of the facts and on later material.