The difference between insulting and defamation:
Firstly, the insult:
Insult is intentionally scratching the honor of a person and considering him deliberately without including attributing a specific incident to him. Elements of public insult: Public insult is based on two material corners, which is a scratching of honor and consideration in any way without this including attribution of a specific incident and a moral element that always takes the form of criminal intent
It consists of two pillars, an physical corner and a moral corner
The physical element: This element is based on two elements of an activity that would undermine honor or consideration in any way. The characteristic of this activity, which must be public, and there is a negative element in this element that distinguishes it from the material element of slander. It is that the activity of the accused does not include attributing a renewed incident to the victim. .
The moral element:
Insulting in all its cases is an intentional crime, and then its moral element takes the form of criminal intent and intent in insulting a general intention whose elements are knowledge and will, and none of its elements is the availability of a specific motive or intent directed towards an end that is not in itself the element of the material element of insult.
Second: Slander: _
Defamation is supposed to be an act of attribution, and this action is based on an incident in which two conditions are stipulated that it be specific, and that it will punish the one to whom it is attributed or despised, and this attribution must be public and these elements are carried out by the material element of slander and in addition to that requires a moral pillar that takes the form of criminal intent, This means that the slander has two physical and moral pillars.
Physical corner:
It consists of 3 elements of "criminal activity", which is the act of attribution, and the object of this activity is the specific event that would punish the person ascribing to him or his contempt for a prescription for this activity is that it is public.
The moral element:
Defamation in all its cases is an intentional crime, and therefore its moral element takes the form of criminal intent, and the judiciary has settled on considering the intent required in the intent as a general intent. If defamation requires intent in all its forms, this means that an unintentional error in the body of its image is not sufficient for its occurrence and it has been said that the elements of intent must be To go out to all the elements of the crime, so the accused must know the significance of the incident that he attributes to the victim, and he must know that the attribution is open, and he must have the will of attribution and the will of publicity, and since the intent is general, there is no intention of harming the victim or his knowledge of the lie of the incident ascribed to the victim, Aggravating circumstances in the penalty for defamation: including two circumstances that refer to the character of the victim, such as defamation against the public servant or his equivalent, defamation against public transport workers, and there is a circumstance related to the means of defamation, which is the commission of the crime by means of publication
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