What is the legal right protected in the crime of unjust harassment?

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The minor crime of unjust harassment is included in title VII of book II of the Penal Code, dedicated to torture and other crimes against moral integrity . Therefore, the protected legal good is the moral integrity of people. Moral integrity has been defined by jurisprudence as the inviolability of people as a direct manifestation of human dignity. All crimes that violate moral integrity pursue conduct that attacks personal dignity through hostile, humiliating or degrading acts, and although it is not impossible for humiliation to be physical, the most common are verbal and involve psychological aggression. if the harassment is more serious, it may constitute a different crime, such as the crime of abuse, which receives a greater penalty. As examples of unjust humiliation or slight insults, we can cite those included in the ruling of the Provincial Court of Madrid number 208/2014, of March 24, 2014 , which consist of insults or derogatory expressions such as: “daughter of a bitch,” “crazy shit”, “don't get in my way”, etc.

The minor crime of unjust harassment is only understood to have been committed when it falls on certain people, and is only prosecutable if there is a complaint from the victim or their legal representative. Who can be perpetrators and victims of the crime of unjust harassment? The crime of unjust humiliation is a special crime , since the perpetrator of the acts can only be a person who has a certain relationship of kinship, affection or DM Databases cohabitation with the victim. In other words, a minor crime of unjust humiliation can only be punished when it is directed at one of the people referred to in article 173.2 of the Penal Code: The spouse or common-law partner, even without cohabitation. Descendants, ascendants or siblings by nature, adoption or affinity, their own or those of the spouse or cohabitant. Minors or people with disabilities in need of special protection who live with the author, or are subject to the power, guardianship, curatorship, foster care or de facto custody of the spouse or cohabitan.



People covered by any other relationship by which they are integrated into the core of family coexistence with the perpetrator of the acts. People who, due to their special vulnerability, are under custody or care in public or private centers. In all cases, these are people whose relationship with the perpetrator of the abuse makes them especially vulnerable.r “commission by omission” Fraud does not always consist of acting; Sometimes, it consists precisely in not doing it , knowing that in this way the typical result of a crime will or can be obtained. In willful omission , the author is aware that the lack of conduct poses a risk and, even so, he acts accordingly. These types of actions are also a crime according to article 11 of the Penal Code which, remember, also speaks of willful omissions . It must be taken into account, on the other hand, that we are not referring only to cases such as the omission of the duty to provide assistance ( article 195 of the Penal Code ), in which the omission is already part of the criminal offense.