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Article 209 Spanish Criminal Code: penalties for serious insult
Quick answerArticle 209 of the Spanish Criminal Code sets the penalty for insult: a fine of six to fourteen months where it is serious and made publicly, and a fine of three to seven months in other cases. Only serious insult is a criminal offence, as defined in Article 208.
This is the provision that quantifies the criminal response to insult. Applying it means first passing two demanding filters: the expression must be objectively serious under Article 208 and must not be protected by freedom of expression, which in practice reduces convictions considerably.
Also cited as: article 209 Spanish Criminal Code · art. 209 CP · Spanish Penal Code article 209 · artículo 209 del Código Penal.
Wording of the provision
Serious insults made publicly shall be punished with a fine of six to fourteen months and, otherwise, with a fine of three to seven months.
Consolidated text published by the Spanish Official State Gazette, Organic Act 10/1995 of 23 November, the Criminal Code. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. A fine of six to fourteen months where the serious insult was made publicly. A fine of three to seven months in other cases. No custodial penalty is provided.
Key facts
| Cross-reference | The conduct is defined in Article 208: an act or expression harming another’s dignity, damaging their reputation or attacking their self-esteem. |
|---|---|
| Only serious insults | Only insults that, by their nature, effects and circumstances, are publicly regarded as serious amount to an offence. |
| Imputing facts | Insults consisting in the imputation of facts are not regarded as serious unless made with knowledge of their falsity or reckless disregard for the truth. |
| Publicity | Under Article 211, insults are deemed public where they are spread through printing, broadcasting or any other medium of similar effectiveness. |
| Prosecution | A private offence: it requires a complaint by the injured party, preceded by a conciliation hearing. |
| Limitation period | One year, under Article 131 of the Criminal Code, which sets that period for insult and calumny. |
| Boundaries | With calumny under Article 205, which requires the imputation of a criminal offence, and with the civil protection of honour under Organic Act 1/1982. |
Elements and scope
- An act or expression harming another person’s dignity.
- Objective seriousness, assessed by reference to public perception and the surrounding circumstances.
- Publicity, where present, under Article 211, which raises the range of the fine.
- An intention to insult, which case law infers from the context and content of the expression.
Points of application
Balancing against freedom of expression comes first. Before applying the penalty it must be established that the expression is not protected by Article 20 of the Constitution. A context of political, trade union or public-interest criticism widens considerably what must be tolerated.
Imputing facts calls for the enhanced standard. Where the insult consists in attributing facts, it is serious only if made with knowledge of their falsity or reckless disregard for the truth. Failure to check sources is usually the decisive point.
Publicity is not presumed. The medium and its capacity to spread the statement must be established. Online, the privacy settings of the account and the actual reach of the post are relevant evidence.
Defence strategy
Legitimate exercise of freedom of expression. This is the main line. The expression should be placed in context, and the public interest of the matter and the complainant’s status as a public figure, who must tolerate greater criticism, should be established.
Lack of seriousness. An insult uttered in the course of a heated argument, without dissemination and without any intention of damaging reputation, usually falls outside the concept of serious insult.
Procedural defects in a private prosecution. The existence of a proper complaint, the holding of the prior conciliation hearing and compliance with the one-year limitation period, which often expires in these cases, should all be checked.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What penalty does insult carry?
A fine of six to fourteen months where it is serious and made publicly, and a fine of three to seven months in other cases. Article 209 carries no custodial penalty.
Is every insult a criminal offence?
No. Only serious ones, that is, those which by their nature, effects and circumstances are publicly regarded as such, under Article 208 of the Criminal Code.
When is an insult treated as public?
Where it is spread through printing, broadcasting or any other medium of similar effectiveness, under Article 211 of the Criminal Code.
Is a private complaint required?
Yes. Insult is a private offence and requires a complaint by the injured party, preceded by the corresponding conciliation hearing.
When does it become time-barred?
After one year, under Article 131 of the Criminal Code, which sets that specific period for insult and calumny.
How does it differ from calumny?
Calumny under Article 205 consists in imputing a criminal offence with knowledge of its falsity or reckless disregard for the truth, and carries heavier penalties, including imprisonment.
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