Spain, Ministry of the Justice (2019), Annual Report Public Prosecutor Office 2018. (Memoria de la Fiscalía General del Estado 2018), Chapter III. 12, pg. 1045-1066, Madrid, Ministry of the Justice.

Country

Spain

Title

Spain, Ministry of the Justice (2019), Annual Report Public Prosecutor Office 2018. (Memoria de la Fiscalía General del Estado 2018), Chapter III. 12, pg. 1045-1066, Madrid, Ministry of the Justice.

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Year

2019

Type of publication

Report

Geographical coverage

National

Area/location of interest

Not applicable - national level

Type of Institution

Public authority

Institution

Spain, Ministry of the Justice - Public Prosecutor Office |Ministerio de Justicia - Fiscalía General del Estado.

Main Thematic Focus

Hate crime Incitement to hatred or violence

Target Population

General population

Key findings

In its Introduction to Hate Crimes concluded that News about alleged hate crimes appears in the media almost daily, but most cases are not cases of hate speech and the creation of a real danger to the groups or persons referred to in Articles 22. 4th, and Art. 510 and others of the Penal Code.
This serves to enable those who are opposed to a particular punishment of hate crimes to speak of a restriction of freedom of expression and an extension of the repression of any opinion through criminal law.
However, in recent years there has been no significant increase in procedures, let alone sentences, concerning real hate crimes. On the contrary, the international bodies, the United Nations, the European Community, through its institutions, CERD, FRA, ECRI, etc. continue to be interested in an effective investigation and punishment of this type of behavior.

The data were recorded according to the following criteria: Threats to specific groups (Art. 170.1); Discrimination in employment (Art. 314); Public provocation to hatred/violence/discrimination (Art. 510.1); Acts of humiliation or justification of crimes (Art. 510.2); Denial of benefits (Arts. 511-512); Illicit association for discrimination (Art. 515.4); Against religious feelings (Arts. 522-525); Against moral integrity (Art. 173.1); Aggravated offences (Art. 22.4a); Others.

Out of a total of 744 Judicial proceedings follows by the Public Prosecutor's Office, 16 were “against religious feelings”; and 117 were “public provocation to hatred/violence/discrimination”.

Out of a total of 129 Investigative measures opened in public prosecutor's office, 1 was “against religious feelings” and 56 were “Public provocation to hatred/violence/discrimination”.

Out of 146 Indictments made by the Public Prosecutor's Office (2); “against religious feelings” and 15 were “Public provocation to hatred/violence/discrimination”.

Out of a total of 133 Judgments, 1 was “against religious feelings” and 9 were “Public provocation to hatred/violence/discrimination”.

Methodology (Qualitative/Quantitative and exact type used, questionnaires etc)

Hate crime reporting

Sample details and representativeness

Information registered by each one of the Delegated and Coordinator Public Prosecutors on Hate and Discrimination Crimes and gathered by the Central National Public Prosecutor.
But a reference to the statistics system unsolved issue is registered by the Public Prosecutor Office within its National Report when referring to the Statistics stating that: The collection of statistical data remains one of the pending issues. One of the reasons for the difficulties of registering it in the technological application of Fortuny, which is the procedural management system of the prosecutor's office as well as the difference of applications in several communities.

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.