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.
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