Article 804 Spanish Criminal Procedure Act: conciliation before a libel complaint

Frequently asked questions

What effect does the application of Article 804 of the Spanish Criminal Procedure Act produce?

The provision imposes no penalty: it lays down a procedural requirement whose absence entails the inadmissibility of the complaint.

What does Article 804 of the Spanish Criminal Procedure Act provide on the procedural requirement?

A private criminal complaint for insult or calumny against private individuals, offences prosecutable only at the party’s instance. The prior conciliation hearing with the defendant, or its ineffective attempt. The certificate of the hearing or attempt, which must accompany the complaint. Its connection with the court licence of Article 805 where the statements were made in judicial proceedings.

How does the defence make use of Article 804 of the Spanish Criminal Procedure Act?

Raising the missing requirement. A complaint without the conciliation certificate is inadmissible; spotting it in time spares the defendant the whole proceeding. Later cure does not validate what was done in between. Using conciliation strategically. For the offended party, the conciliation hearing fixes dates for limitation purposes and documents the will to repair; it deserves the same care as the complaint itself. Exploring retraction. Conciliation is the natural venue for retraction and rectification, which in calumny and insult reduce or extinguish the criminal response at lower reputational cost. Verifying the private nature of the offence. Against officials over acts of office the regime differs; mistaking the nature of the offence and its procedural requirements invalidates the chosen route.

Is the English text of Article 804 of the Spanish Criminal Procedure Act official?

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Royal Decree of 14 September 1882 approving the Spanish Criminal Procedure Act.