Proof Of The Truth
On Criminal Law
Proof Of The Truth
ART.361
PROOF OF TRUTH IS ADMISSIBLE WHEN:
1. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer, or
2. the offended party is a government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties.
REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE :
1. it appears that the matter charged as libelous is TRUE (for situations (a) and (b) above); and
2. it was published with good motives and for a justifiable end (for situation (a) only).
The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion but upon positive, direct evidence upon which a definite finding may be made by the court.
An imputation that a person has contagious disease might under ordinary circumstances be defamatory but loses such character when made with good intention and justifiable motive
There is no libel when there is no malice
Retraction may mitigate the damages; if article is libelous per se, publication due to honest mistake is only mitigating
RULE OF ACTUAL MALICE: Even if the defamatory statement is false, NO liability can attach IF it relates to official conduct, UNLESS ---
- The public official concerned proves that the statement was made with actual malice, i.e., with knowledge that it was false or with reckless disregard of whether it was false or not
ART.361
PROOF OF TRUTH IS ADMISSIBLE WHEN:
1. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer, or
2. the offended party is a government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties.
REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE :
1. it appears that the matter charged as libelous is TRUE (for situations (a) and (b) above); and
2. it was published with good motives and for a justifiable end (for situation (a) only).
The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion but upon positive, direct evidence upon which a definite finding may be made by the court.
An imputation that a person has contagious disease might under ordinary circumstances be defamatory but loses such character when made with good intention and justifiable motive
There is no libel when there is no malice
Retraction may mitigate the damages; if article is libelous per se, publication due to honest mistake is only mitigating
RULE OF ACTUAL MALICE: Even if the defamatory statement is false, NO liability can attach IF it relates to official conduct, UNLESS ---
- The public official concerned proves that the statement was made with actual malice, i.e., with knowledge that it was false or with reckless disregard of whether it was false or not
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