Complaints and defence throughout the province · Alicante, Benidorm, Dénia, Torrevieja, Orihuela and Elche
Against a private individual a police report is not enough: a formal complaint with lawyer and court agent is required, plus a prior conciliation act. And before all that, knowing who writes.
In brief. Criminal libel and slander are private offences: the prosecutor does not accuse and the police do not investigate ex officio (Art. 215.1 CP). The limitation period is one year, the shortest in the Code, and connection data are retained for roughly twelve months: the real clock is even shorter. Only offences against officials over their duties, intimate-image dissemination, data disclosure and stalking proceed on an ordinary complaint.
Article 215.1 of the Criminal Code provides that nobody shall be punished for slander or insult except upon the complaint of the offended person or their legal representative. These are the so-called private offences: the Public Prosecutor does not accuse, the police do not investigate ex officio and the court opens nothing of its own motion. Ex officio action exists only where the offence targets a public officer, authority or agent over facts concerning their office. If the victim is a private individual, a self-employed professional, a shopkeeper or the president of a homeowners’ community, the process exists only if the offended person launches it, sustains it and pays for it.
To that is added a requirement that surprises almost everyone: Article 804 LECrim bars the admission of the complaint without certification of a prior conciliation act with the defendant. And before all of that comes the real problem of the internet: putting a name to the account. The anonymous profile is identified first, through the platform or through judicial measures, because conciliation requires citing someone at an address.
| Question | Rule | Framework | Key point |
|---|---|---|---|
| Slander with publicity | 206 | 6 months – 2 years or fine | The only realistic prison scenario, usually suspended |
| Slander without publicity | 206 | Fine 6 – 12 months | The imputation of a specific offence |
| Serious insult with publicity | 209 | Fine 6 – 14 months | Only the serious insult is criminal |
| Serious insult | 209 | Fine 3 – 7 months | Dignity, reputation, self-esteem |
| Formal complaint | 215.1 | Lawyer and court agent | Private offence: the victim sustains the process |
| Conciliation | 804 LECrim | Certification required | Without it the complaint is inadmissible |
| Retraction | 214 | Penalty one degree lower | Before the judge; often opens a settlement |
| Civil route | LO 1/1982 | Four years | Compensation without the criminal filter |
Penalty ranges are indicative; whether a group chat constitutes publicity and the gravity of each expression are decided case by case.
Before any complaint, the author must be identified and the content preserved: certified captures with timestamps, the platform’s information through its notification channels under Regulation (EU) 2022/2065, and where needed judicial measures against providers whose connection data are retained for roughly twelve months. The one-year limitation period, the shortest in the Code, makes early action decisive: whoever waits six months usually arrives without data and without a defendant.
And expectations must be honest: insult is punished only with a fine; slander admits imprisonment of six months to two years only where propagated with publicity, and short penalties for first offenders are suspended. Frequently the efficient sequence is a burofax demand with rectification before the same audience, the platform notification, and the civil route of Organic Law 1/1982 for compensation, reserving the criminal complaint for the cases that merit it.
Doctors, lawyers, restaurants and shops facing false reviews and campaigns: removal, identification and complaint where warranted.
Presidents and neighbours accused in group chats: the burofax that resolves faster than a judgment.
Authors of harsh reviews or messages: facts versus value judgments, the truth of what was said and the Article 214 retraction.
Those defamed by anonymous or impersonated profiles: identification first, action second.
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Criminal defence in English before the courts of Alicante and the rest of Spain, for residents and for visitors who have flown home.
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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