Crime of Insults

He crime of insult is the action of reporting facts or expressing opinions that undermine the dignity of a person. This can damage your reputation, honor or self-esteem. 

Violations can 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 insult, 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

It guarantees the right to honor, privacy and the image of the family, as well as one's own image. These stipulations were made in article 18.1 of the Spanish Constitution. 

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Under the guise of crimes against honor This is any act or expression that damages the dignity of another person. This includes damaging your reputation or undermining your own 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 insult must necessarily damage the honor of another, violate their fundamental right to honor. 

For the infringement to occur, it is sufficient that the author of the crime of insult know that the other person will suffer harm. 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 publicity injuries, it is necessary for the active subject to make his crime known. This will be through the media, producing greater damage than would occur in a given injury. 

This crime of insult caused by advertising injuries makes the penalty a fine. Which is double the penalty for injuries without publicity. Between six and fourteen months of fine for injuries with advertising, three to seven months of the basic rate. 

crime of insult
crime of insult

Dependency of the crime of insults in the penal code

When in this aggregate of crime of insult slander is added will be in accordance with the provisions of article 213. Libel is considered a private crime according to the Penal Code, which implies that they are not susceptible to criminal action.

It is assumed the need for 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 insult. It must be certified that the plaintiff has carried out an act of conciliation with the defendant or that it was unsuccessful.

Before article 804 of the Criminal Procedure Law The crime of libel is regulated in Title IV. The procedure for crimes of defamation and slander against people is discussed.

Stipulations of the penal code in the crime of insults

In accordance with article 215 of the Penal Code, criminal liability automatically expires upon forgiveness of the injured. With the exception of people with disabilities and/or with special protection needs. 

The pardon of the injured party 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 The crime of libel is explained in article 214 of the Penal Code. It involves the spread of demonstrations that attack the dignity and honor of the offended person.

The penal code establishes that a person convicted of a crime of insult The sentence must be announced to repair the damage. Which will allow the judge or court to deem it appropriate. 

For the crimes of defamation or slander, reparation for damage includes the publication or dissemination of the ruling. 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. There are two types of criminal offenses crime of insult 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 accusation of a crime committed with the knowledge of the own lie It is a slander. The penalties and actions will depend on the specific act committed by the offender. 

For a crime to be classified as slander, it is necessary that the offended person be accused of committing a crime. The case refers to article 205 of the Penal Code, where it is done knowingly of its falsehood.

 The accused for insult recognizes the falsehood before the authority, the Judge will impose the sentence immediately lower in degree. May stop imposing the penalty of disqualification provided for in said article. 

The Judge or Court before which the recognition took place will order the victim to receive retraction testimony. It will order its publication in the same medium in which the slander or insult.

Within the period specified by the judge or court that issues the sentence. 

He crime of insult It can only be reported by the victim or their legal representative. It will proceed ex officio when the crime is directed against an official for acts related to the exercise of their functions.