Criminal law, crimes

The insult It is considered a crime and is committed when false facts are accused or expressions are made that violate the dignity of a person. This crime injures the honor, fame or self-esteem of the person.

He crime of injury It can be committed verbally, graphically or in writing, to be considered a crime the content has to be seriously offensive. Insult is committed when the dignity of a person is injured through false acts or offense. 

What is the crime of insult?

The insult It is a fact or expression that violates the dignity of a person and is defined in the Penal Code like a crime. The injury is among the crimes against honor, that attack the right to privacy and the image of other people. 

The regulation of this crime is from the Article 208 of the Penal Code, in Title XI on Crimes against honor, Chapter II that corresponds to the insult. Articles 208 and 209 define the crime of insult as an action that violates the dignity of a person, violates their own esteem or harms their fame. 

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Insult to be considered a crime is necessary that due to the circumstances, nature and its effect are present in what is established by law. When the injury consists of the imputation of facts, it is not considered serious. 

The insult It will be considered serious when they have been committed knowing that they are false or that there is reckless disregard for the truth.

In order for the crime of insult to be committed, it is necessary that the expression have a degrading or offensive content for another person. But it is not enough that the expression is considered an insult and the person is aware of it, because the will to cause harm is required. 

The goal of the insult In general, it only seeks to provoke social rejection, the contempt of a person or to vex him. This is only done intentionally and maliciously. 

Insult is an action that is carried out without the intention of offending, it only seeks to make a joke, criticize, tell a fact, among others, it is not considered a crime.

Types of injuries

The types of injuries that can be committed and are typified by law are the following:

by gravity

The insult is considered  serious when a person receives a very offensive insult that causes damage or when it is done towards a person who has social importance. 

By the shape of the injuries

In this type of insults are those that are made with or without publicity. The regulation of insults with advertising is in article 209 to 211 of the Penal Code. These insults are those that are made through the media or any of the social networks are used. 

When the insult is committed with publicity, it causes greater damage than would be done when the insult is done privately. The damage caused by insults of this type entails a penalty double that applied in the case of insults without publicity. 

The penalty applied to the crime of injury with advertising is a fine that varies between six and fourteen months. In the event that the injury is of the basic type, the fine applied varies between three and seven months.

Article 208 of the Penal Code establishes when the insult is committed without publicity and what are its sanctions.

By account assignment object

 Are  injuries They are divided into those that imply a false imputation of facts and those that only include value judgments.

What to do to report an injury?

Article 215.1 Penal Code considers the insult as a private crime, this means that it is not prosecutable ex officio. In order for it to be persecuted, it is necessary for the offended party or his legal representative to initiate a complaint

The only exception that exists in insults is when committed against authorities or public officials. When it is done on facts related to the exercise of the position, for these cases the injury will be prosecuted ex officio.