La imagen ante el Derecho penal: nuevos desafíos

Abstract

This paper examines the protection of image rights within the Spanish Criminal Code. While a classic topic, it faces new challenges given its renewed relevance in the context of information and communication technologies. These technologies not only amplify the harm suffered but also facilitate the commission of related offenses, to the point of making them commonplace. The clash between the traditional interest to be protected and the novelty of these behaviors prompts a contemporary re-evaluation: would a restructuring and new systematization of the criminal offenses in the Spanish Criminal Code be viable to optimize intervention?

Specifically, this study will explore the possibility of considering image as a protected legal interest in itself, moving beyond the current view held since the earliest Criminal Codes. This traditional perspective treats image as merely a material object upon which transcendent legal interests—such as honor, privacy, or sexual freedom—reside. The proposals put forth in this paper stem from identifying a set of criminological, victimological, and sociological factors, the analysis of which can contribute to preventing future criminal incidents.