https://www.cmjornal.pt/portugal/detalhe/chamar-palhaco-a-um-policia-nao-e-crime?ref=HP_Grupo1 Calling a police officer "clown" is not a crime
Judges considered language as "ordinary," but insufficient to establish a crime of injury. By Carlos Rodrigues Lima / SÁBADO | 19:12
First, it was a discussion with the taxi driver who transported her to the PSP squad in Massamá on June 1 last year. Arriving there, Monica, 33, with the help of the police, eventually solved the problem of the taxi fare, and immediately told the agents that she intended to file a complaint for domestic violence. Inside the squadron, he gave the agents the expression: "you are a clown, you are not worth anything, f..k you." As a complainant, Monica became the defendant and was convicted at first instance of two crimes of wrongdoing, but the Lisbon Court of Appeal acquitted her, considering that the woman's words were nothing more than a mere verbalization of crude, ordinary language. incapable of undermining the character, good name or reputation of visas. " In a ruling released this month, judges Magarida Bacelar and Agostinho Torres stated that "while noting that the language used was strong and excessive," the words "were uttered in an exaggerated criticism". The latter may have exceeded certain limits, but they "are not likely to affect the honor and consideration of the persons to whom they were directed in such a way as to merit the tutelage of punishment." That is, one thing is the person, another is the behavior: "Indeed, the content of the expressions in question instills the idea that the people of the offended were criticized for behavior but not expressly" "But even if one can consider that it is a criticism directed directly at the actions of offended people, it is clear that it is in the area of their strictly professional behavior and does not reach the core of the personal dignity of the offended," said the judges. to set aside a fine of EUR 500 to which Monica had been subject in the Court of Sintra. The decision of the Court of Appeal of Lisbon ended up against one of the points of the appeal of the defendant, who argued that the expressions used would have to be framed in a context of exaltation, after the discussion with the taxi driver, and the feeling for that the PSP's agents were being less diligent in their domestic violence complaint.
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Does this judgement put "Tweedledee & Tweedledum" into perspective?