Offence against honour
Defamation and slander lawyer
Arts. 205-216 Criminal Code
Calumnia consists of accusing someone of an offence knowing it to be false or with reckless disregard for the truth; injuria is an act or expression that damages another's dignity, harming their reputation or self-esteem. Both, save for limited exceptions, require a private prosecution brought by the offended party: they are not pursued by the Public Prosecutor of its own motion.
The usual point of friction is the boundary with freedom of expression and information, particularly on social media and in the press, where the Constitutional Court requires a case-by-case balancing of the public interest in what was said.
For someone publicly accused of something they didn't do, restoring their reputation matters as much as the judgment itself; for the person defending themselves, freedom of expression isn't always enough of a shield without the right argument.
Scope of work
- Drafting and pursuing private prosecutions for defamation and insult
- Defence against such prosecutions, including reliance on freedom of expression
- Assessment of public dissemination as an aggravating factor
- Negotiating a correction or apology as a way to resolve the dispute
When to call
- You have been publicly accused of an offence you did not commit
- Statements have been made that you consider damaging to your honour or your company's reputation
- A private prosecution has been brought against you over statements you consider protected by freedom of expression
Frequently asked questions
Is a private prosecution required to report an insult?
Yes, except where the offence is directed at a public official in the exercise of their duties. Outside that case, without a private prosecution by the offended party the proceedings cannot be started or continued.
Is any harsh criticism a criminal offence?
No. Freedom of expression protects value judgments, even sharp ones, on matters of public interest; the offence requires going further, with false factual allegations (calumnia) or expressions that attack a person's dignity without contributing to the debate (injuria). Balancing these two rights is the central issue at trial.
Does it matter if the offence was published on social media?
Yes, public dissemination — including through the internet — is treated as a specific aggravating factor, both because of the reach of the dissemination and because of how long it remains accessible.