A simple expression of anger, such as a phone call, WhatsApp message, or audio recording, can have legal consequences depending on what is said, the intention of the person sending it, and the circumstances surrounding the communication. It is essential to understand the difference between a discussion or unfortunate expression and behavior that can constitute a crime.
Mateo Coronado Arango, a partner at Castro Muñoz & Coronado Abogados, explained that calumnia occurs when someone falsely accuses another person of a crime. For example, saying someone is a murderer, thief, or rapist. Coronado said that the person making the accusation must know it is false and still make it.
In contrast, injuria is a crime that protects a person’s honor and good name. Extorsión, on the other hand, involves obtaining an illicit benefit or profit by forcing someone to do, tolerate, or omit something.
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Understanding the differences
Coronado added that the person committing the crime must weaken or undermine the victim’s free will to obtain a financial benefit. This coercion must be sufficient to achieve it.
Laura Quevedo, a lawyer at Centro Jurídico Internacional, complemented Coronado’s explanation, saying that injuria and calumnia are considered crimes against moral integrity.
Penalties for these crimes
The penalties for these crimes are established in the Código Penal, Ley 599 de 2000. For calumnia, the penalty can range from 16 to 72 months in prison and a fine of 13.33 to 1,500 salarios mínimos legales mensuales vigentes.
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When is it not a joke?
If someone makes a threat or accusation and later claims it was “just a joke,” this is not a valid excuse to avoid responsibility. Quevedo explained that as long as a crime has been committed, these expressions are not grounds for exemption from penal responsibility. However, the judicial authority must verify whether the requirements and precepts of the law were met, including whether the threat generated real and objective intimidation and disturbed the victim’s tranquility.
Coronado added that the coercion or threat in the crime of extorsión must be sufficient to undermine the victim’s will, so a supposed “joke” would not meet this requirement. They are dealing with a crime of result that is consummated when the victim delivers money or goods as a consequence of the perpetrator’s actions. However, the crime of extorsión admits attempt, which means that if the victim’s will is not weakened due to external factors, such as reporting to the authorities or simulating the delivery of the required money, the crime remains in the attempted mode, which implies a reduction in penalty, Coronado said.
It is stated that extorsión always involves money. Coronado clarified that when the coercion is not aimed at obtaining an illicit financial benefit, they would be dealing with the crime of constreñimiento ilegal. In this scenario, any coercion that undermines the victim’s will to the point of making, tolerating, or omitting something without financial content would be punishable, he explained.
