Hate crime. What it is and penalties

As a result of the reform of the Criminal Code in 2015, there are many actions that can constitute a hate crime. In any case, there is something that all these behaviours have in common: aversion towards a person or group of people based on certain characteristics related to their race, sexual orientation, gender, ideology or religious beliefs, among other personal or social characteristics.

What is a hate crime?

Hate crime is a criminal offence against the exercise of fundamental rights and public freedoms guaranteed in the Spanish Constitution.

This type of conduct arises as a consequence of the victim's connection, membership or support of a group. In this sense, the group must be based on a common characteristic of its members, such as race, age, sex, ethnic origin, physical or intellectual disability or sexual orientation, among other factors.

In short, hate crime refers to conduct that is discriminatory and denigrating and that is directed against a group, part of a group or a person and is motivated by racist, anti-Semitic or other reasons that are related to other personal or social characteristics of the victim. In addition, it is necessary that these conducts are of such a nature as to incite hatred against such persons or to violate their dignity, as well as to glorify or publicise such behaviours.

The regulation of hate crime

Hate crime in the Criminal Code is regulated in Section 1 of Chapter IV of Title XXI of the Criminal Code, specifically in Article 510.

Article 510 of the Criminal Code underwent a significant modification as a result of the entry into force of the reform of the Criminal Code in 2015. Currently, it is an extensive article of complex interpretation that encompasses various actions that may constitute hate crime.

This is why it is so complicated to define what a hate crime is, due to the wide variety of behaviours that can give rise to the commission of a hate crime.

What are the penalties for hate crime?

Hate crime is punishable by a prison sentence of 1 to 4 years and a fine of 6 to 12 months. However, in order to be able to answer this question concretely and determine the penalties for hate crime, it is necessary to take into account the different types of hate crime under Spanish criminal law.

The basic type of hate crime

Regulated in the first paragraph of Article 510 of the Penal Code, the basic type of hate crime is punishable by a prison sentence of 1 to 4 years and a fine of 6 to 12 months. These penalties apply to the following persons:

• Those persons who promote or incite hatred, discrimination or violence against a group, part of a group or against a person because of their ideology, religious beliefs, sex, gender, race, sexual orientation or other social or personal characteristics.
• Those who produce, distribute, disseminate or sell different media that encourage, promote or incite hatred, discrimination or violence against a group of people, part of a group or a person for the reasons described above.
• Persons who publicly deny, seriously trivialise or glorify crimes against humanity, genocide or crimes against protected property in the event of armed conflict.

The attenuated type of hate crime

Regulated in the second paragraph of article 510 of the Penal Code, the attenuated type of hate crime punishes the following persons with a prison sentence of 6 months to 2 years and a fine of 6 to 12 months:

• Those persons who violate the dignity of others through humiliation, belittling and discrediting based on the above reasons.
• Persons who produce, produce, distribute or disseminate content aimed at harming the dignity of persons for the above reasons.
• Persons who publicly glorify or justify crimes committed against a group, part of a group or a person for the above reasons.

Aggravated types of hate crime

The third, fourth and fifth paragraphs of Article 510 of the Penal Code regulate the aggravated types of hate crime:

• When the conducts are carried out through social networks, the Internet or information technologies: the penalty will be imposed in its upper half.
• When the conducts are likely to disturb public peace or generate insecurity among the members of the group: the penalty will be imposed in its upper half.

In addition, in all cases, a penalty of special disqualification from exercising an educational profession, in the field of teaching and sports, will also be imposed for a period longer than the duration of the prison sentence imposed, being between 3 and 10 years.

In short, there are many behaviours that can constitute a hate crime, and it is necessary to analyse in depth the circumstances surrounding the specific case. If you are the victim of an alleged hate crime, it is advisable to seek the services of criminal lawyers specialised in this type of issue, so that specific, personalised and quality legal advice can be offered.