He crime of insults is the act of reporting facts or expressing opinions that undermines the dignity of a person. This can damage your reputation, honor or self-esteem.
Violations may be reported orally, in writing, or graphically. To be considered a crime, its content must be objective and seriously offensive.
In case of crime of insults, the person is undermined, which causes moral damage. A fundamental right of the other person is violated, the right to honor in article 18.1 of the Constitution.
Guarantees that punish the crime of insults
The right to honor, privacy and the image of the family, as well as the image itself. These stipulations were made in article 18.1 of the Spanish Constitution.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
Under the guise of crimes against honor This is any act or expression that harms the dignity of another person. This includes that damaging your reputation or undermining your self-esteem is offensive.
only the grievances that due to their circumstances are considered serious in the notion of public. Without prejudice to the provisions of article 173, section 4, they constitute a crime.
The injury must necessarily harm another's honor, violate their fundamental right to honor.
For the infringement to occur, it is sufficient that the author of the crime of insults know that the other person will be harmed. An injury is only possible as a crime if it is caused by malicious behavior.
The Penal Code distinguishes in its article 209 an aggravated form of crimes with injuries, insults with advertising. Serious advertising injuries are punishable by a fine of six to fourteen months.
In article 209 of the Penal Code in injuries with publicity, it is necessary for the active subject to make his crime known. This will be through media, producing greater damage than would occur in a given injury.
This crime of insults produced in advertising injuries causes its sanction to be a fine. Which is double the penalty in injuries without publicity. Six to fourteen months fine for advertising injuries, three to seven months of base rate.
Dependence of the crime of insults in the penal code
When in this aggregate of crime of insults slander is added will be in accordance with the provisions of article 213. Insult is considered a private crime according to the Penal Code, which implies that they are not susceptible to criminal action.
It is supposed to be necessary report as a victim or through their legal representatives. With the exception of insults against an official for acts related to the exercise of the position, in which case they will be prosecuted.
Article 215.1 of the Penal Code establishes the attempt to carry out a conciliation. With the accused party before the judicial process begins.
Without this conciliation act, the claim would not be admitted for processing to be processed as crime of insults. It must be certified that the plaintiff has performed an act of conciliation with the defendant or that it was unsuccessful.
Before article 804 of the Criminal Procedure Law before the crime of insults is regulated in Title IV. The procedure for the crimes of defamation and slander against people is discussed.
Stipulations of the penal code in the crime of insults
Pursuant to article 215 of the Penal Code, criminal liability expires automatically by the pardon of the aggrieved. With the exception of people with disabilities and/or with special protection needs.
The pardon of the victim or his legal representative annuls the infringement without prejudice. In the provisions of article 130 paragraph 1 number 5 paragraph 1 of the penal code.
Article 215.3 of the penal code establishes that the judge or court must impose the lesser sentence. In the event that the accused withdraws the offensive statement made.
The compensation for damage before the crime of insults is explained in article 214 of the Penal Code. It implies the propagation of demonstrations that threaten the dignity and honor of the offended person.
The penal code establishes that the person convicted of a crime of insults must make known the sentence to repair the damage. Which will allow the judge or court to deem it appropriate.
For the crimes of defamation or slander, the reparation of the damage includes the publication or diffusion of the sentence. This will be at the expense of the person convicted of such crimes in the times and ways that the judge considers.
Cases that are considered in the crime of insults
Although defamation and slander are regulated under the same title of the Penal Code. They are two criminal types of crime of insults that exist, where they mark important differences between them.
In her insult and slander the active subject pursues the objective of undermining dignity. The honor of the offended person is affected by a crime that is based on a falsehood.
The imputation of a crime committed with the knowledge of the own lie it is a slander. The penalties and actions will depend on the act committed by the specific offender.
For a crime to qualify as slander, it is necessary for the offended person to be accused of committing a crime. The case refers to article 205 of the Penal Code, where it does so knowing that it is false.
The defendant for insult recognizes the falsehood before the authority, the Judge will impose the penalty immediately lower in degree. You can stop imposing the penalty disablement provided for in said article.
The Judge or Court before which the acknowledgment took place will order the victim to receive retraction testimony. It will order its publication in the same medium in which the decision was pronounced. slander or insult.
Within the term specified by the judge or court that pronounces the sentence.
He crime of insults It can only be denounced by the victim or his legal representative. It will proceed ex officio when the crime is directed against an official for facts related to the exercise of his functions.