What are crimes against honour?

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 what the differences are between them? As lawyers specialising in criminal law, we are going to explain everything you need to know so that you can speak with full knowledge of the facts.

What is a crime against honour?

A crime against honour is an offence whereby an expression is made or uttered that involves the emission of an opinion with the purpose of damaging the honour of a subject. Specifically, criminal law establishes two different types of offences: insult and slander.

The offences of slander and libel can be committed by any citizen, but they have a series of common characteristics that should be highlighted before going into depth about each of them.

Firstly, either of the two existing offences against good repute can only be prosecuted at the request of a party. This means that, in judicial terms, justice will only go against the offender if the aggrieved party files a criminal complaint with the relevant court. This is an exception to the general rule laid down in Article 215.1 of the Criminal Code. In criminal law, except in specific cases such as this one, a crime can always be dealt with ex officio and without a prior complaint from the victim.

This means that neither the victim's relatives nor the Public Prosecutor's Office itself can request the initiation of proceedings by means of a complaint. The only exception allowed is for legal representatives in the case of minors and incapacitated persons.

However, it establishes an exception on this point. This is that in the event that the insult or slander is produced against an agent of the authority or public official about a fact concerning the exercise of his or her own position.

Slander

Slander is the attribution of a crime to another person with knowledge of its falsity, which is a reckless disregard for the truth that can and must be punished. The penalties provided for by the Penal Code are from 6 months to 2 years imprisonment or fines of 12 to 24 months in the most serious case, which is the one in which it is propagated through advertising media. In milder cases, the penalties and fines are reduced to between 6 and 12 months.

Insults

The other offence against honour is that of insult. Specifically, this consists of the expression or action that injures the dignity of another subject with the aim of damaging their esteem or undermining their reputation. In this sense, criminal law establishes that only those which, due to their effects, nature and circumstances, are considered serious according to public opinion, will be offences.

If an insult only consists of the imputation of a fact, in general, it will not be considered serious except in the event that it has been made in the knowledge of its falsehood and with the intention of being untrue.

With regard to penalties, they only apply to aggravated offences, i.e. offences committed with the use of publicity. In this case, the penalties consist of fines of 6 to 14 months. In the lesser cases, it will range from 3 to 7 months.

Is there such a thing as exemption from liability on the part of the defendant?

LThe answer is yes. In this sense, the person accused of having committed a libel or slander will be exempt from all guilt if he or she can prove that the alleged facts are true. This is what is known in law as 'exceptio veritatis' and implies automatic exoneration from the offence.

What does the Penal Code understand by publicity?

When discussing the concepts of libel and slander, we have mentioned the importance of publicity for aggravation. In fact, in many cases, it is a fundamental factor for the offence to be proven. However, what does the Penal Code consider to be publicity?

The Penal Code establishes that, in order for a libel or slander to be considered to have been made with publicity, it must have been spread, consciously and with the intention of causing more harm to the aggrieved party, through printed media, broadcasting or any other type of media that is sufficiently effective. This is set out in Article 211.

One of the most common doubts of the aggrieved is whether the Internet is also considered as a means of advertising these offences. The answer, undoubtedly, is yes, since it is included in the expression 'any other means of similar effectiveness' which appears, literally, in the article of the Penal Code to which we have referred. In fact, due to its wider scope on many occasions, it is considered particularly serious.

Libel and slander in the media

The media are often an inexhaustible source of offences of this type. In these cases, the Criminal Code establishes that not only the specific person who has committed the action is guilty, but also the natural or legal person who was the owner of the media has joint and several civil liability.

What does the retraction of the accused entail?

The person accused of libel or slander has the possibility of recognising, before the competent judicial authority, the lack of certainty or, directly, the falsity of the accusations he/she has made and which are punishable, with the intention of retracting them. If he does so, the court or, failing that, the judge shall impose the penalty immediately below. Furthermore, it may not disqualify the accused from his or her duties, as provided for in the Criminal Code.

If the offended party so requests and the judge or court deems it appropriate, the accused shall be obliged to publish, in the same media and in a similar space in which the insult or slander appeared, a retraction statement.

Extinction of the criminal action and reparation of damages

In general, in crimes of this type against honour that have occurred, judges and courts usually deem the criminal action to be extinguished when the offended party forgives the offender. However, in no case can there be any prejudice to what is determined in the fifth paragraph of the first section of Article 130 of the Criminal Code.

This states that the pardon must be granted before the sentence is passed and adds that, in the event that the crime is committed against persons with disabilities who require special protection or against minors, the Public Prosecutor, the Judge or the Court may reject it and continue with the proceedings in the normal way.

As for the reparation of the damage caused by the offence, it is necessary to carry out a series of actions. In the case of the media, we have already said above that it is necessary to proceed to the corresponding rectification. But it is also essential, in this as in any other case, to publish and disseminate the conviction in the same media as those through which the insult or slander was publicised.

This is everything our criminal lawyers tell us that you need to know about honour crimes under the Criminal Code. If you need anything else, do not hesitate to contact us.