Post by pujadas on Oct 18, 2023 2:26:11 GMT -5
There are several situations where crimes against honor (slander, defamation and insult) end up being confused. First of all, it is important to inform that defamation, slander and slander are crimes against honor and are regulated by law in the Penal Code. When it comes to criminal offences, it is important to remember and make it clear that this is the case not offenses that have their own right. Specific. This article's main objective is to help professionals, students and clients differentiate crimes against honor.
Check out! Crimes against honor Crimes against honor, that is, slander and defamation, affect objective honor; insult, on the other hand, concerns the person's subjective honor, as it requires the attribution of a fact to someone. However, the fact does not need to be whatsapp number list defined as a crime, and the ability to tarnish another's reputation, whether true or false, is enough. 1. Slander According to article 138 of the penal code: Art. 138 – Slandering someone, falsely attributing to them a fact defined as a crime: Penalty – detention, from six months to two years, and fine.
§ 1 – Anyone who, knowing the imputation is false, propagates or publishes it, incurs the same penalty. § 2 – Slander against the dead is punishable. Exception from the truth § 3 – Proof of truth is admitted, except: I – If, with the alleged fact constituting a crime of private action, the offended party was not convicted by a non-appealable sentence; II – If the fact is attributed to any of the people indicated in paragraph I of art. 141; III – If the crime charged, although a public action, the offended party was acquitted by a non-appealable sentence. Defamation is the false attribution of a fact defined as a crime, e.g. “Fernanda stole my wallet.” It is one of the crimes against honor that can be committed through written or oral words, including through gestures and symbols.
This inaccuracy of personal information may be related to both the facts and the authorship of a crime. This can happen in two ways: false implication and dissemination or dissemination where only one person becomes aware of the false information. The crime is committed when a third party is aware of it. The agent has a specific intention (animus injuriandi vel diffamandi), that is, he has the conscience and desire to harm the victim's honor, except for the crime committed in a moment of emotional excitement or in an argument. If the slander is uttered orally, it is not necessary to attempt to speak, but if it is committed in writing and for some reason it is not known to a third party, the attempted form may be admitted. To punish the perpetrator who defames the dead person, direct intent is required, that is, the perpetrator intends to defame by falsely attributing to the dead person a fact considered a crime.