Criminal lawPractical guidesHow to file a criminal complaint (querella) for insults or slander in Spain

The special procedure for private offences against honour, step by step.

What it is and what the law says

Insults and slander against private individuals are private offences: they are prosecuted only by means of a criminal complaint (querella) filed by the offended person, and they normally require a prior conciliation hearing. The Public Prosecutor does not take part. This marks important differences from ordinary criminal proceedings.

The complaint must identify the expressions, their authorship and their offensive nature, and provide the evidence (publications, screenshots, witnesses). The limitation period is short, so it is advisable to act quickly.

Three keys: they are private offences, so a complaint by the offended person is required; a prior conciliation is usually required; and the time limits are short, so act quickly and keep the evidence.

What it means for your case

Preparing the complaint well, with solid evidence, the correct legal classification and compliance with the procedural requirements, is decisive for it to succeed. The defence, for its part, may rely on freedom of expression or on the truth of what was said (in the case of slander). In both cases it is advisable to rely on a criminal lawyer.

Practical keys

The strategy begins with the classification, since arguing the applicable offence is as important as arguing the facts, together with the evidence, the mitigating and aggravating circumstances and the individualisation of the sentence. An effective defence anticipates the evidence of the other side, prepares the examinations of witnesses and assesses a plea agreement when it is in the client’s interest. Every nuance can change the final outcome.

How to act

Speed and technical judgement are decisive. Do not make statements without prior advice; gather evidence and witnesses supporting your version; and assess with your lawyer the mitigating circumstances and possible agreements. Société Juridique is a criminal law firm with offices in Alicante and Madrid specialising in this area; it studies each matter individually, explains the options clearly and designs a tailored strategy.

Source: the firm’s doctrine, “The procedure for the offence of insult and slander”.

Prior conciliation: Article 804 of the Criminal Procedure Act

Before a private prosecution for insult or slander can be admitted, Article 804 of the Criminal Procedure Act requires a certificate showing that a conciliation hearing has been held, or attempted without success, between the offended person and the author. The hearing takes place before the court and is a genuine opportunity to settle: many disputes end there with a written retraction, an apology and, where appropriate, the removal of the content and compensation. If no agreement is reached, the certificate is attached to the complaint. Where the offending statements were made in court proceedings, Article 215.2 of the Criminal Code adds a further requirement: the prior leave of the court that heard the case. These formalities must be completed within the one-year limitation period of Article 131 of the Criminal Code, which is why the procedure should begin as soon as the evidence has been preserved.

Who may prosecute and how the proceedings may end

Under Article 215 of the Criminal Code, nobody may be punished for slander or insult except on a complaint by the offended person or their legal representative; the Public Prosecutor intervenes only when the statements are directed at a public official, authority or civil servant in relation to the exercise of their duties. The private nature of the offence has two consequences. First, the offended person controls the proceedings and may withdraw at any time, and their pardon extinguishes criminal liability, as provided in Article 215.3 in conjunction with Article 130.1.5 of the Criminal Code. Second, if the author acknowledges the falsity or inaccuracy of the statements before the court and retracts them, Article 214 provides for the reduced penalty and entitles the offended person to have the retraction published in the same medium in which the statements were made.

Costs, evidence and the outcome to expect

A private prosecution requires a lawyer and a court representative (procurador), and the complainant bears their fees and, if the accused is acquitted and the complaint is found to have been reckless, may be ordered to pay the costs of the defence. The evidence must be prepared with care: content certified by a notary or by the court clerk, expert reports on the authenticity and dissemination of online publications, and proof of the damage suffered. The usual outcome of a successful prosecution is a fine, the publication of the judgment, an order to remove the content and compensation for moral damages, whose amount the courts fix according to the seriousness of the statements, their dissemination and the position of the offended person. Our firm handles these proceedings for foreign residents in English and French from its offices in Madrid and Alicante.

Frequently asked questions

Does the Public Prosecutor intervene in cases of insults or slander between private individuals?

No. They are private offences, prosecuted only through a complaint by the offended person, who must also bear the burden of proving the facts.

Is a conciliation hearing compulsory before filing the complaint?

As a general rule, yes: a prior conciliation hearing must be attempted, or its attempt certified, before the complaint is admitted.

How long do I have to file the complaint?

The limitation period for these offences is short, one year for insults and slander, so it is essential to secure the evidence and act without delay.

Is conciliation compulsory before filing a complaint for insult or slander?

Yes. Article 804 of the Criminal Procedure Act requires a certificate showing that a conciliation hearing has been held or attempted without success before the complaint may be admitted.

What happens if the author retracts?

Under Article 214 of the Criminal Code, a retraction acknowledged before the court entitles the author to a reduced penalty and the offended person to have the retraction published in the same medium; the pardon of the offended person extinguishes criminal liability.

Related guides

• Insult and slander proceedings in Spain
• Online defamation lawyer in Spain
• Online insults and slander: how they are proved

This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.