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Judgment No. 17563 of 2023: Insult and Defamation Compared

The recent judgment No. 17563 of March 23, 2023, issued by the Court of Cassation, provides important clarifications regarding the distinction between insult and defamation, two offenses that fall under crimes against honor. This judgment analyzes the case of a defendant, U. A., accused of delivering an offensive message during a social event, and provides guidelines on how to contextualize offenses in the presence of third parties.

Insult and Defamation: Fundamental Differences

The judgment clarifies that an insult, aggravated by the presence of multiple people, occurs when the offense is directed at the interested party in a context where third parties are also present. If, however, the recipient of the offense does not have the opportunity to respond directly, defamation is established. This distinction is crucial for the legal qualification of offensive behaviors.

Insult in the presence of third parties - Defamation - Differences - Identification - Offense. In the context of crimes against honor, we are dealing with the decriminalized hypothesis of insult aggravated by the presence of multiple people when the offended party, third parties, and the offender himself are simultaneously present - physically, in the same unit of time and space, or "virtually," in the case of using modern communication technologies - while, if there is no possibility for direct interaction between the author and the recipient of the offense, who is deprived of the opportunity to respond, the crime of defamation is established. (Case related to an offensive writing delivered to the offended parties and to third parties during a social occasion, where the Court correctly qualified the conduct of the defendant not present at the event as defamation).

Implications of the Judgment

The Court's decision has significant repercussions in today's context, where communications can take place through various means, including social media. The judgment reminds us that even virtual interactions can lead to the establishment of defamation crimes, especially when the offended party does not have the opportunity to respond immediately. Furthermore, the Court referenced previous jurisprudence that confirms this interpretation, emphasizing the need for contextual analysis when evaluating offenses.

  • Relevance of direct interaction
  • Impact of modern communication technologies
  • Previous jurisprudence in support

Conclusions

Judgment No. 17563 of 2023 represents an important step in clarifying the legal dynamics related to honor and personal dignity. The distinction between insult and defamation is not merely a matter of terminology, but has profound legal implications for those who communicate, both in public and private contexts. It is essential for citizens to be aware of these differences to avoid incurring undesirable legal consequences.