The crime of unjust humiliation in the Penal Code

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Our legal system punishes conduct that, without reaching the level of abuse, consists of insulting, bothering or harming another person or causing suffering of some kind. The minor crime of humiliation , previously considered a misdemeanor, pursues this behavior when the victim has a close relationship with the perpetrator of the humiliation. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What does the crime of unjust harassment consist of in the Penal Code? The crime of unjust humiliation is regulated in article 173.4 of the Penal Code , and is limited to establishing that anyone who causes slight insult or unfair humiliation will be punished (as long as it is directed against certain people). The penalty provided for this crime may be any of the following: Penalty of permanent location of 5 to 30 days , in a different address and far from the victim.

Work for the benefit of the community from 5 to 30 days. Fine of 1 to 4 months , only when it is proven that between the victim and the aggressor there are no economic relations derived from a marital relationship, cohabitation or affiliation, or from the existence of a common descendant, since that would also mean harming the victim. Punishable conduct consists of causing insult or unfair humiliation of a minor nature. 4. Whoever DM Databases causes insult or unfair humiliation of a minor nature, when the offended party is one of the people referred to in section 2 of article 173, will be punished with the penalty of permanent location from five to thirty days, always in a different address. and away from that of the victim, or work for the benefit of the community of five to thirty days, or a fine of one to four months, the latter only in cases in which the circumstances expressed in section 2 of article 84 occuection .



Criminal Code The law does not clarify what is meant by unfair humiliation , and furthermore there does not seem to be a type of just humiliation that functions as a limit to the punishable act. The Pan-Hispanic Dictionary of Legal Spanish defines unfair humiliation as “mistreatment, annoyance or harm that is not essential to carry out a task or achieve a goal.” It does not seem easy that mistreatment can be justified to achieve a goal, but in any case, the article refers only to unjust harassment. Minor insult is also punished , meaning an action or expression that harms the dignity of another person, undermining their fame or attacking their own self-esteem. The crime of insults only contemplates serious injuries, while in the case of the crime of unjust humiliation, insults that do not have the necessary entity to constitute the crime of insults are included. The crime of unjust humiliation is a minor crime , which derives from the former lack of unjust humiliation.