Crimes Against Honor: Slander and Insults in the Legal System

Crimes Against Honor

Title 11 of Book 2

The first two chapters refer to slander and insults, keeping a parallel structure. The last chapter includes a number of general provisions. Honor has traditionally been a legal right deeply rooted in our system, and this constitution recognizes it as a fundamental right.

Slander

It can be interpreted that aggravated slander is a form of *injurias*. According to Article 205, slander is the imputation of a crime made with knowledge of its falsity or reckless disregard for the truth. It is a form of injury sustained in the most serious of the charges that are made.

Classes of Slander:

• With advertising: That is, they have been released. Prison sentence of 6 months to 2 years or a fine of 6 to 24 months. The reason is the use of an advertising medium.
• Without advertising: Fine of 4 to 10 months.
• Price: Slander committed by reward or promise. Article 213 establishes that special disqualification shall be imposed for public employment or office.

Exceptio Veritatis

Article 207 states that the defendant for the crime of libel will be exempted from any penalty, proving the criminal fact that has been alleged, without any penalty being satisfied that demonstrates what was commented on. Article 210 states that charges of libel are exonerated by proving the truth of the charges when they are directed against public officials about facts concerning the exercise of their duties.

The Injury

Article 208 defines an injury as the action or expression that injures the dignity of another person, undermining or attacking his reputation or his own estimation. It is said that only injuries that are taken in public opinion for action should be considered a criminal offense. The law should treat statements that damage the honor of others.

Classes of Injury

Injuries that consist of the imputation of facts are not considered serious, except when they are done with knowledge of their falsity or reckless disregard for the truth. Injuries may consist either in a series of phrases or in the imputation of facts, provided they do not constitute a crime, since that would be the type of insult, with knowledge of their falsity or reckless disregard for the truth. In addition, the injury has to be taken as serious.

Regarding the penalty, it stands between insults made with or without *publicidad*.

Penalties for Injury

• Fine of 6 to 14 months if committed with *publicidad*.
• Fine of 3 to 6 months if no *publicidad* was committed.
• If the crime was committed by price, reward, or promise, a 6-month to 2-year disqualification shall be imposed in addition.

Exceptio Veritatis

Article 210 states that the accused is exonerated from injury by proving the truth of the allegations when they are directed against public officials about the facts of their office or commission of offenses relating to criminal or administrative violations.