crimes against honor

  crimes, Criminal law

The crimes of honor They include defamation, insults, etc. Punishment for violations is based on the fact that everyone has the right to respect for their dignity and honor It is an attribute of dignity.

On the other hand, an imperative condition for accusations of crimes of breaking and entering is that they are not true.

Protection of honor in Spanish legislation

He honor It is a right like privacy, family and one's own image, guaranteed by the Spanish Constitution in articles 18 and 20 on freedom of expression:

1. The right to guarantee the honor, the private life and the image of people and families.

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4. The law will limit the use of information technology to ensure the honor and the privacy of individuals and families of citizens and the full exercise of their rights.

Article 18 of the constitution:

These freedoms are limited by respect for the rights recognized in this title, within the limits of the law that establishes it, in particular the right to protection of the honor, privacy and self-image and the right to protection of young people and children.

Article 20.4 of the Constitution.

This right is guaranteed by Fundamental Law No. 1/1982, which provides civil protection to the right to honor and the right to privacy and private image of individuals and families.

The restriction of the right to glorification by the right to freedom of expression occurs when there is a conflict between the two rights. To solve this, constitutional weighting techniques are used.

The weighting must be based on the fact that the right to freedom of expression, although not superior, in situations of conflict it will prevail over the right to be celebrated for its double meaning of freedom.

This grants legal power to its bearer, and as an institution that ensures public debate and the formation of free public opinion necessary for a democratic society. 

The considerations must take into account that the right to freedom of expression includes criticism of the conduct of others.

Even if it annoys or angers the person to whom it is addressed, as pluralism and tolerance requires in a democratic society.

It must be taken into account whether the criticism is directed at a cause of public interest or at people in public office or an organization. notorious profession, since the weight of freedom of expression is greater.

The crime of insulting the honor is specified in articles 205 and 208 of the Penal Code. These are the ejaculation counts. Additionally, minor insults replace the absence of insults in the previous law.

Allegations of breach of honor

A violation of honor, when considered as such, must meet the following conditions:

Be serious, like public broadcasting. In this case, the owner of the media is jointly and severally liable to the defendant. The injured party or the legal representative of the injured party must present a complaint in the case of a minor or disabled person. 

In other words, in this case, justice cannot act formally. Public servants are exempt from this when crimes are committed against them based on an act related to work. 

In this case, there is no need to appeal, but justice will officially act. Before filing a complaint there must be a mediation hearing or at least an attempt to do so. 

Without the ratification of this law, You cannot file a complaint. 

The verses vary, but always include the declaration or revelation of conviction. Confession, repentance or withdrawal of accused they distort it. If there is already a bonus or reward, the penalties increase. 

On the contrary, a forgiveness from the person who offended extinguishes the offense. The crimes of defamation, insult and minor bodily injuries are covered for one year.