The insults remain out of the right to the juridical defence
The insults issued by a lawyer against the another splits in the course of a process attack against the honourThe expressions intencionalmente injuriosas directed to the demandante in an act of conciliation at all have to see with the legitimate exercise of the right of defence and suppose an intromisión illegitimate in the right to the honour of the affected.
Like this it establishes it the High court (TS) in a sentence, of 3 September 2015, in which the speaker, the magistrate Rooms Carceller, determines that these offensive words have to consider like unsuitable and unnecessary "being constitutive of an inadmissible relief in the heart of any process, by what do not find functional justification any, as, by the contrary, understands the failure of the Audience".
Besides, esteem that does not affect in at all to this treatment that the expressions proferidas have been object of school sanction by violation of deontological norms, as this -that shows that the same can not place in the right of defence- supposes consequences merely administrative that they are independent of the civil action for the defence of the right to the honour, with the consequent resarcimiento indemnizatorio when treating of "diversity of juridical sakes protected".
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