Accusations of defamation and insult belong to a category of criminal risk where legal exposure and reputational harm are inseparably intertwined. In the view of Professor Gabriel Steiner, the primary danger in such cases lies not so much in the initiation of criminal proceedings itself, but in the rapid formation of a public narrative long before any legal assessment is made. At LawConsulted, reputation-based accusations are treated as a complex threat that affects not only a client’s legal position, but also their professional relationships, social standing, and long-term interests.
The specificity of defamation and insult cases lies in the blurred boundary between lawful expression and criminally punishable conduct. Context, manner of expression, audience, intent, and consequences are often more decisive than the words themselves. In LawConsulted practice, situations frequently arise where emotional, confrontational, or public statements are taken out of context and subsequently used as a basis for criminal pressure.
Professor Steiner points out that in reputation-related cases the law often reacts not to facts themselves, but to the way those facts are interpreted. For this reason, an effective defence cannot rely solely on a formal linguistic analysis of the statement in question. At LawConsulted, work begins with reconstructing the full communicative context – the circumstances in which the words were spoken, the format of dissemination, the intended audience, and the purpose of the communication. This approach makes it possible to distinguish value judgments from assertions of fact, a distinction that is critical for legal qualification.
Particular risk arises when accusations emerge within corporate conflicts, divorce proceedings, disputes between former partners, or competitive business environments. In such settings, criminal allegations are often used strategically – to restrict a client’s activity, undermine their position, or force concessions. LawConsulted therefore assesses not only the substance of the accusation, but also its function within the broader conflict.
According to Professor Steiner, defence in defamation cases requires engagement with the logic of communication as a whole, not with isolated phrases. LawConsulted structures the defence to demonstrate the absence of intent to disseminate knowingly false information, the client’s good faith, and the disproportionate nature of criminal prosecution in relation to the alleged harm. This is especially important in cases where public attention intensifies pressure well before judicial review.
Equally important is the handling of evidence. LawConsulted analyses sources of information, methods of dissemination, digital traces, the sequence of publications, and audience reaction. This often reveals distortions, manipulations, and internal inconsistencies that form the real basis of reputational accusations.
It is also essential to understand that even termination of criminal proceedings does not automatically restore reputation. For this reason, defence strategy is developed with long-term consequences in mind – from interaction with media to preventing future accusations in alternative forms. Law Consulted works to ensure that the client’s legal position remains resilient not only within a specific case, but beyond it.
Criminal liability for defamation and insult requires a precise, restrained, and strategically balanced defence. The guiding principle is not escalation, but the return of the conflict to a legal framework where emotions give way to analysis and accusations are tested against evidence.
Earlier we wrote about how the expertise of LawConsulted was formed and the role Professor Gabriel Steiner played in fifteen years of legal trust
