Cap. 248 чл. 12Plea of justification.

(1) In any action for a defamatory libel under article 11, the truth of the matters charged may be enquired into if the accused, in the preliminary stage of the proceedings, assumes full responsibility for the alleged libel and declares in his defence that he wishes to prove the truth of the facts attributed by him to the aggrieved party: Provided that the truth of the matters charged may be enquired into only if the person aggrieved -

(a) is a public officer or servant and the facts attributed to him refer to the exercise of his functions; or

(b) is a candidate for a public office and the facts attributed to him refer to his honesty, ability or competency to fill that office; or

(c) habitually exercises a profession, an art or a trade, and the facts attributed to him refer to the exercise of such profession, art or trade; or

(d) takes an active part in politics and the facts attributed to him refer to his so taking part in politics; or

(e) occupies a position of trust in a matter of general public interest: Provided further that the truth of the matters charged may not be enquired into if such matters refer to the domestic life of the aggrieved party.

(2) Where the truth of the matters charged is enquired into in accordance with the foregoing provisions of this article -

(a) if the truth of the matters charged is substantially proved, the defendant shall not be liable to punishment if the court is satisfied that the proof of the truth has been for the public benefit and he shall be entitled to recover from the complainant or plaintiff the costs sustained by him in any criminal or civil proceedings: Provided that the proof of the truth of the matters charged shall not exempt the defendant from punishment for any insult, imputation or allegation which the court shall consider to have been unnecessary in attributing to the person aggrieved the facts the proof of the truth whereof shall have been exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to both such imprisonment and fine.