Question juridique clé
Whether the remark to the insurer fulfilled defamation under Art. 174(1) StGB.
Solution extraite
Yes. The statement was understood as accusing the patient of altering the treatment sheet to obtain undue insurance benefits, thus imputing criminal conduct.
Motifs extraits
The decisive meaning is that perceived by an objective third party in context; the accusation amounted to forgery in the narrower sense and was therefore defamatory.