8 OTEGI MONDRAGON v. SPAIN JUDGMENT 4. These freedoms shall be limited by respect for the rights secured in this Part, by the provisions of the implementing Acts and in particular by the right to honour and to a private life and the right to control use of one’s likeness and to the protection of youth and children. ...” Article 56 “1. The King shall be the Head of State, the symbol of its unity and permanence. He shall be the arbitrator and moderator of the lawful functioning of institutions. He shall be the supreme representative of the Spanish State in its international relations, in particular with those nations belonging to its historic community, and shall exercise the functions expressly attributed to him by the Constitution and the law. ... 3. The King shall be inviolable and shall not be liable. ...” Article 62 “It shall be incumbent on the King to: ... (h) exercise supreme command over the armed forces; (i) exercise the right of clemency in accordance with the law, but without the power to grant general pardons ...” 27. The relevant provisions of the Criminal Code (as amended by Institutional Act no. 10/1995 of 23 November 1995) read as follows: Article 208 “Acts or expressions which undermine another’s dignity by attacking his or her reputation or self-esteem shall constitute insult. Only insults which, by virtue of their nature, effects and context, are generally acknowledged to be serious shall constitute an offence ...” Article 209 “The offence of serious public insult shall be punishable by a day-fine payable for between six and fourteen months. Where the insult is not proffered publicly, the fine shall be payable for between three and seven months.” 28. With regard to the offence of insult against the King, Article 490 of the Criminal Code provides for the penalties indicated below:

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