CASTELLS v. SPAIN JUDGMENT 12 officials of the State. The offence of falsely accusing the Government was not introduced until 1983. 21. Title X of Book II of the Criminal Code defines the offences of proffering insults and making false accusations. The latter consists of accusing a person wrongly of an offence coming within the category of those which have to be prosecuted even without a complaint (Article 453 of the Criminal Code). On the other hand, an insult is any expression or action which discredits a person or exposes him to contempt, in particular by accusing him of an offence of the kind which may be prosecuted only if a complaint is laid (Articles 457 and 458 of the Criminal Code). The practical importance of the distinction is that the defence of truth is admissible for the offence of false accusation (Article 456) but not for the offence of proffering insults, except where the insults are directed against civil servants in respect of acts relating to the performance of their duties (Article 461 of the Criminal Code). By the judgment of 31 October 1983 the Supreme Court specified that the defence of truth could not be pleaded in connection with the offence of insulting one of the senior institutions of the State: in the first place no official as such was concerned and, secondly, the institutions in question enjoyed extra protection in this field under the criminal law (see paragraphs 12 and 13 above). PROCEEDINGS BEFORE THE COMMISSION 22. In his application of 17 September 1985 to the Commission (no. 11798/85), Mr Castells relied on Articles 6, 7, 10 and 14 (art. 6, art. 7, art. 10, art. 14) of the Convention. By a partial decision of 9 May 1989, the Commission dismissed the complaints based on Articles 6 and 7 (art. 6, art. 7) as inadmissible. On 7 November 1989 it found the remainder of the application admissible. In its report of 8 January 1991 (Article 31) (art. 31), it expressed the opinion that there had been a violation of Article 10 (art. 10) (nine votes to three) and that no separate question arose under Article 14 (art. 14) (unanimously). The full text of its opinion and of the two dissenting opinions contained in the report is reproduced as an annex to this judgment.  Note by the Registrar: for practical reasons this annex will appear only with the printed version of the judgment (volume 236 of Series A of the Publications of the Court), but a copy of the Commission's report is obtainable from the registry.

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