It is a crime as old as humanity itself, in fact, insults are already regulated in the Law of the XII Tables of the ancient Roman Empire. And since then, this subject of law has undergone modifications. Below we will see the legal treatment of slander according to the Penal Code in force in Spain.

Insults according to the Spanish Penal Code: legal framework

Within the branch of Criminal Law in Spain, crimes against honor are contemplated, that is to say, those that attempt against the good name and reputation of a person. Insults, according to the Penal Code, are included in these offenses, since they violate the dignity of the person.
Legally, a person who feels insulted can take refuge in Article 208 of the CP, under Chapter II – Insult, Title XI – Crimes against Honor. This section of the Code clearly explains what is considered a tort, types and procedures in each case.

Types of insult according to the PC

Basically, there are 2 types of insult:

• Slight
• Graves

Minor offenses

It is important to remember that the amendments introduced in the PC that came into force from July 1, 2015 affected the legal framework of libel offenses. Since as of that date the conducts that up to that moment were considered as minor offenses were decriminalized, leaving without effect Art. 620 numeral 2.

Like any other regulatory provision, this new treatment of minor offenses has its exceptions, set forth in Article 173.2 of the PC.

In other words, minor offenses are still penalized when they are involved:

• Current or former spouse, or any person with whom a marital or affectionate relationship has been maintained
• Children, parents and immediate family members by blood or by affinity
• Minors and disabled persons under the guardianship of the defendant
• Vulnerable persons in public or private care centers

The penalty for these cases will depend on the sentence, and is set forth in Chapter 173.4 of the Penal Code. It is usually limited to 3 penalties:

• Home retention of between 5 and 30 days
• Community work for 5 to 30 days
• Monetary fine

In any case it is the aggrieved party who must file the complaint, or through a legal representative.

Serious injury

In the current PC, a serious offense is considered to be that which is committed verbally, in writing or graphically; and in this sense, we must add a somewhat debated novelty with respect to this type of crime and social networks.

Articles 209 and 211 of the PC clearly state that this type of crime has an aggravating circumstance when it is committed through social media. In fact, it is clearly stipulated that the time of the fine without the aggravating circumstance of publicity is 3-7 months, while with publicity it increases to 14 months.

In case you need compensation for this type of crime or to defend yourself against a libel charge, it is vital to consult an expert in criminal law. Well, they are well prepared lawyers in matters of slander according to the Penal Code in Spain.

Frequently Asked Questions

What is the procedure to file a slander complaint?

After the lawyer establishes the facts, he will formalize the complaint and the facts will be judged by the corresponding Judge of Instruction.

Where to report minor offenses that are decriminalized in the PC?

These types of offenses are now treated as civil offenses, and a civil attorney will be the best person to provide advice in these cases.

How much does it cost to hire a criminal lawyer in Alicante?

This depends on the professional and the particular case, usually these experts charge per hour (between 50 and 250 euros).