A Court sentenced yesterday a man to pay a fine of 900 euros. The Inquisition-style court considers that the man is guilty of an offense of libel against the Crown since his affirmations in the social network are "evidently and literally defamatory, unnecessary and disproportionate" for which they exceed the framework of freedom of expression.
The condemned wrote on Facebook now a year and a half ago that Juan Carlos I is "corrupt wrongly born" and that neither he nor his "fucking descendants" are going to pay "our families" all that "he should". The man defended during the trial that his comment constituted a "political / social critique" of the democracy that was born in 1978 and that had no intention of "offending anyone." The defense, exercised by the lawyer of the Legal Network Daniel Amelang, argued that the words expressed could be "hurtful" and "erroneous", but that they are protected in the freedom of expression since the purpose is to criticize the institution and its role in the current system.
The central criminal court No. 1 of the National Court considers, however, that these expressions can not enter the freedom of expression because "insult is not criticism and can not be compared to criticism" because it uses words as bad "whose intention of vilification and contempt is implicit in the term itself".
Also, the sentence reminds that the "grievance and contempt" to the Crown, which represents the constitutional parliamentary monarchy, may be "an attempt" for "social peace". "The institution of the Crown represents the parliamentary and constitutional monarchy and its grievance and contempt may be prejudicial not only to the constitutional values it represents but also to an even greater legal right, which is social peace, which can not be surpassed by the freedom of expression ", says the sentence, to which this media has had access.
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