Defence in Crimes against Honour
There are two aspects of the concept of honour, although only one of them is dealt with by criminal law.
Subjective honour is a person's own assessment of his or her own qualities as a person.
Objective honour is the appreciation and evaluation by others of a person's ethical and social qualities. It is the good reputation one enjoys. The good name of a person as seen by a third party.
Slander
Article 205 of the Penal Code "Slander is the imputation of a crime made with knowledge of its falsity or with reckless disregard for the truth".
In the event that the slander is disseminated by means of social media or with some form of publicity, a prison sentence of 6 months to 2 years or a fine of 6 to 24 months will be imposed. Otherwise, the penalty shall be a fine of 6 to 12 months.
In the event of forgiveness by the offended party, the offence of slander will go unpunished.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problems that may arise from crimes of slander.
Injury
Article 208 of the Penal Code: "An insult is an action or expression that injures the dignity of a person, undermining his or her reputation or damaging his or her self-esteem.
Only insults which, by their nature, effects and circumstances, are considered to be serious in the public mind shall constitute an offence.
Insults consisting of the imputation of facts shall not be considered serious, except when they have been carried out with knowledge of their falsity or with reckless disregard for the truth.
Serious insults made with publicity shall be punishable by a fine of six to fourteen months and, in other cases, by a fine of three to seven months.
In the event of forgiveness by the offended party, the offence of insult shall go unpunished.
The criminal lawyers at G. Elías y Muñoz Abogados, with professional offices in Madrid, Majadahonda and Pozuelo de Alarcón, are specialists in resolving any problem that may arise from offences of slander.
News in criminal law
Surely, on television or in the press, you have heard on more than one occasion about crimes against people's honour. However, do you know what they are and...
Computer-related crimes, also known as cybercrime or telematic crimes, are crimes committed using information and communication technologies (ICT) as a means of...
The presumption of innocence is a fundamental principle of criminal law which states that any person accused of a crime is presumed innocent until proven guilty...
Embezzlement is a crime that involves the illegal use of public or organisational funds for personal or improper purposes. In other words, embezzlement is the...
The principle of legality is one of the fundamental pillars of the rule of law and refers to the fact that the public authority is subject to the law and can...
Pyramid schemes are a type of fraud in which fraudsters recruit investors by promising high financial returns in exchange for investing money in a scheme that...
Criminal compliance, also known as criminal compliance, refers to the set of measures and procedures implemented by a company or organisation to prevent and...
Flagrante delicto (also known as in flagrante delicto or in flagrante delicto) refers to a situation in which a person is caught in the act of committing a...
El tráfico de influencias es una práctica ilícita en la cual una persona utiliza su posición de poder o influencia para obtener beneficios personales o para...
Money laundering is the process by which the illicit origin of funds obtained through criminal activity is concealed so that they appear to be the result of...
A subpoena is an official notification that a person receives, informing them that they are being investigated for an alleged crime and summoned to appear...
The third degree of imprisonment, also known as open regime or semi-liberty regime, is a modality of serving a custodial sentence that is characterised by the...