Blog
02/02/2014 - Author: José F. Sanchez
In the spirit of this section and with the intent that we may know the terms " colloquially " been used without having a clear understanding of what we express with them , it is interesting to know what it is a "slander " and " insult" . It is common to use these two words together (especially in some "more or less serious" television programs), however there are differences between libel and slander, this being a very common question. In a first approximation these terms separately, we can define "slander” as the false accusation of a crime to a person, for example, say that someone is a murderer, thief or crook. However and to be a crime of " Slander " from those contained in Article 205 of the Penal Code, the complaint must be made with knowledge of their falsity or reckless disregard for the truth, since Article 207 of the CP provides the opportunity to charged with criminal libel, for exemption from punishment, proving the certainty the fact that any criminal defendant. However, the “injury " affects the honour of a person, and is to launch serious statements with knowledge of their falsity, causing dishonour or discredit the subject , injuring the dignity of a person, damaging their reputation or breach their self-esteem . In this sense the injury may involve the attribution of facts or make value judgments about the person, that affect what people might think of her. For example, say publicly that someone cheats on his wife / or with another person... Thus, Article 208 of the Penal Code defines “injury" as the action or expression that harms the dignity of another person, undermining their reputation or attacking their own estimation. A feature common to both legal concepts is that , for the prosecution of both libel and slander , the filing of a complaint by the victim, that is, that are not crimes that are prosecuted ex officio by the prosecution is required , unless directed against public officials , the Authority or its agents. Likewise, it is also common to both the fact that, if the victim gives his “forgiveness”, no conviction shall issue to be the criminal action. And also another common feature for both offences is the existence of "categories" or "differences" in the final sentence with which punished depending on the person against whom it is directed , being treated more harshly the same offence, when is directed against certain persons or members of institutions, as it would be slander or insult any member of the Royal Family , the Government of the Nation, the Constitutional Court, the Supreme Court, or of the Governing Council of an autonomous community, among others . These crimes advertising is an important aspect and the role both the " gossip " as the impact of new technologies deserve separate chapter , for believing covered by so-called " anonymous " are proliferating without much rigor , both allegations crimes such as certain expressions that could be constitutive of these offences. José F. Sanchez Lawyer