crimes, Criminal law
The slander it's a crime against honor what is committed when a crime is charged against another person knowing that the accusation made is false.

Slander consists of falsely accusing a person of a crime knowing that in reality such a crime does not exist.

In other words, it is the imputation of a crime to another person knowing that everything defendant It is false because that person could not have been the author of the crime.

For example, if a person charges the heist of some jewelry that was in her house to the housekeeper, knowing that the day the heist she was not working, she will be committing a crime of slander.

Are you looking for a lawyer specialized in Criminal Law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

slander as a crime

As stated in article 205 of the Penal Code slander is the imputation of a crime made with knowledge of its falsehood or reckless disregard for the truth.

It is slander the imputation of a crime made with knowledge of its falsehood or reckless disregard for the truth.

Article 205 of the Penal Code

To differentiate it from the insult, in slander the imputation of the criminal act must be typified in the Penal Code, that is, it must be crime.

An insult is not considered a crime in the Penal Code, so it cannot be considered slander, but it may be enough to undermine the rights of another person and be committing a crime of libel.

What is intended with the classification of slander as a crime is protect the truth and the attitude that the author has towards it.

A crime will only be committed if there is fraud, that is, if the author is attributing the crime to the other person with the intention of producing damages.

In this case, eventual intent would also suffice, which occurs when the perpetrator knows that by attributing the crime to another person he may cause harm and still commits it.

slander classes

slander with advertising

Slander is disseminated and disseminated, either through print media, radio broadcasting, social networks, etc. The author will be punished with imprisonment from 6 months to 2 years or with a fine from 12 to 24 months with the corresponding fee.

slander without publicity

Slander is not spread by any means. The author will be punished with a fine of 6 to 12 months with its corresponding fee.

Slander will be punished with imprisonment from six months to two years or a fine from twelve to 24 months, if they are propagated with publicity and, in another case, with a fine from six to 12 months.

Article 206 of the Penal Code

Ways to report a slander

slander as well as insult are considered private crimes.

Being private crimes The Public Prosecutor is not going to be a party and neither is the Court going to prosecute the crime unless the injured party denounces it..

Therefore, for its prosecution, it is necessary to carry out the complaint before the Court so that the crime can be investigated. Prerequisite to do so and indispensable is to celebrate, or at least, try to celebrate a prior conciliation with the person who is intended to be denounced.

The complaint is done by complaint, above all because, since the Public Prosecutor's Office did not participate in the procedure, there would be no accusation if only the complaint were made.

In conclusion, never trial court will prosecute a crime of slander if there is no complaint or complaint of the injured party