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

Article 804 of the Spanish Criminal Procedure Act bars the admission of a private criminal complaint for insult or calumny against private individuals unless it is accompanied by a certificate showing that conciliation with the defendant was held or attempted without success. It is the entry filter of every proceeding for offences against honour.

Wording of Article 804 of the Spanish Criminal Procedure Act

Procedural requirement

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

Defence strategy

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.

• Article 205: calumny
• Article 208: insult
• Article 211: publicity in libel and slander
• Spanish Criminal Procedure Act article by article

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.