{"id":34192,"date":"2026-06-11T13:13:24","date_gmt":"2026-06-11T13:13:24","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?p=34192"},"modified":"2026-06-11T13:13:24","modified_gmt":"2026-06-11T13:13:24","slug":"criminal-code-offenses","status":"publish","type":"post","link":"https:\/\/cbleon-abogados.com\/en\/las-injurias-segun-el-codigo-penal\/","title":{"rendered":"Insults Under the Penal Code"},"content":{"rendered":"

It is a crime with historical roots; defamation was already mentioned in the Law of the Twelve Tables of Roman law. Since then, its legal treatment has evolved.\u00a0<\/span><\/p>\n

Insults in the Spanish Penal Code: A Practical Guide<\/span><\/h1>\n

Below, we explain the legal framework governing defamation under the current Spanish Penal Code, how defamatory statements are classified, what evidence is admissible, and what avenues (criminal and civil) are available for filing a claim or defending oneself.<\/span><\/p>\n

Basic Legal Framework<\/span><\/h2>\n

Insults are part of the crimes against honor<\/strong>. They are regulated in the Articles 208 et seq. of the Penal Code<\/strong> (Chapter II, Title XI). The Art. 208 of the Penal Code<\/a> defines defamation as an action or statement that undermines dignity<\/strong> of another person, thereby damaging that person's reputation or undermining their self-esteem. The typical act may be committed by word, writing, or representation<\/strong>, and its criminal significance depends on its gravity<\/strong> and, if applicable, the advertisement<\/strong> so that it can be shared.<\/span><\/p>\n

What Does NOT Constitute a Criminal Defamation<\/span><\/h2>\n

Harsh, satirical, or uncomfortable criticism not always<\/strong> is defamatory. Case law requires gravity<\/strong> and a unnecessary excess<\/strong> with regard to freedom of expression. The truthfulness of the facts and the public interest may serve as limits on punishment, without making insults that lack an informative purpose lawful.<\/span><\/p>\n

Types of Defamation<\/span><\/h2>\n

Minor Insults: The Situation Following the 2015 Reform<\/span><\/h3>\n

As of July 1, 2015, it has been decriminalized<\/strong> in general, the former offense of minor defamation (repealed under Art. 620.2 of the Penal Code). However, the legislature retained criminal protection when minor defamation falls under domestic or gender-based violence<\/strong>, in accordance with the Art. 173.2 of the Penal Code<\/strong> and related provisions, as they affect dignity in the context of specially protected relationships.<\/span><\/p>\n

Minor defamation remains a punishable offense when the following are involved:<\/span><\/p>\n