Friday, March 06, 2009

Brief Explanation Of Difference Between “Calunna” And “Diffamazione” EDIT

Posted by Machiavelli


The crimes of calunnia and diffamazione are located in different sections of the criminal code.

Diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties.

Calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone’s reputation, usually to sway a judicial process.

The charges of calunnia and diffamazione are subject to very different jurisprudence.

Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint.

Calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

Posted by Machiavelli on 03/06/09 at 06:15 PM in


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