What is a Hate Crime?
“(A) A hate crime is any criminal infringement, including offences against people or their properties, where the victim, location, or the objective of infringement are chosen by their, real or perceived, connection, sympathy, affiliation, support or belonging to a group like those defined in part B; (B) A group should be based on a common characteristic of its members. For example its real or perceptive race, the national or ethnic origin, language, colour, religion, sex, age, intellectual or physical disability, sexual orientation, or other similar factor.” (OSCE, 2003).
The idea of hate crime was devised to protect a series of minorities who historically have been persecuted or discriminated and, therefore, they need a special protection to protect their dignity.
Evidently what is punished is not a feeling only specific actions.
Our lawyers can defend you in cases where you have been accused or have been a victim of a hate crime, or a crime which is of a criminal nature.
Where is it Regulated?
The hate crime is previewed in the Criminal Code, Article 510, punishing the behaviours with a prison sentence of 1 up to 4 years. It is also possible to receive a fine from 6 to 12 months. Our lawyers can defend you, reducing your sentence to the minimum possible or achieving its absolution, depending on the specific case.
The sentences imposed are of the utmost severity when the crimes have been carried out through a social media, via the internet or using information technologies, in a way in which it would be accessible to more people.
Our lawyers are also specialised in Tax. With respect to Hate Crimes there is a specialised tax, the origin of the Delegation of the +Criminal Protection of Equality and against Discrimination for the Decree of the General Tax of the State of the date 10th of October 2011.
How are Hate Crimes identified?
Defined by its motivation, the nature of a hate crime can remain disguised if, with the occasion of the police or judicial investigation, they do not find the details or evidence which reveal the motivation as a cause of criminal action. On other occasions, the cause of this behaviour is not known by the bodies in charge of the investigation and criminal persecution, or they are not catalogued correctly. Often victims choose to not file a lawsuit due to their own feelings of vulnerability, the fear of the police forces, or the insecurity derived from the situation of irregularity in our country in relation to the inherent risk of administrative expulsion.
It is important to report hate crimes early, for thorough investigation, and accurate valuation and persecution. This also allows for information about the incidence of hate crimes to be plotted at the times they occur and in the areas where they take place most predominantly. Reporting these crimes also allows for the identification of the groups who are at most risk of being a victim of these crimes.
In Spain, the law follows the European Law for Hate Crimes, which derives from the European Tribunal of Human Rights. It is still important, as awareness and reporting of hate crimes increase, for training to increase for all judicial operators with responsibility in the investigation and judgement of this type of criminal offences, particularly of judges, lawyers and for the State Security.
For victims of a hate crime, or people accused of carrying out a hate crime, it is important to report them as soon as possible. Therefore, we recommend for you to contact a reliable Lawyer to represent you in the case. At Piñera del Olmo, we have years of experince in criminal law cases, including those relating to hate crimes. Please do not hesitate to contact our firm, so that we can begin to help you with your case.
Our criminal lawyers can help you with your case in Barcelona, Catalonia, or other areas of Spain.
Should you need further information, or legal advice, please do not hesitate to contact our lawyers.