Spain/ Barcelona Criminal Court nº 9 (Juzgado de lo Penal nº 9 de Barcelona)/ Judgment number 63/2024 dated February 16, 2024 issued by theCriminal Court number 9 of Barcelona in the Abbreviated Procedure Number 97/2022 ( Sentencia número 63/2024 de fe
Country
Spain
Title
Spain/ Barcelona Criminal Court nº 9 (Juzgado de lo Penal nº 9 de Barcelona)/ Judgment number 63/2024 dated February 16, 2024 issued by theCriminal Court number 9 of Barcelona in the Abbreviated Procedure Number 97/2022 ( Sentencia número 63/2024 de fecha 16 de febrero de 2024 dictada por el Juzgado de lo Penal número 9 de Barcelona en el Procedimiento Abreviado número 97/2022).
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Year
2024
Decision/ruling/judgment date
Friday, February 16, 2024
Incident(s) concerned/related
Harassment
Related Bias motivation
Religion
Racial or ethnic origin
Groups affected
Muslims
Court/Body type
National Court
Court/Body
Barcelona Criminal Court nº 9 (Juzgado de lo Penal nº 9 de Barcelona)
Key facts of the case
The defendants insulted and reprimanded a group of Muslims who were approaching a cultural center to begin Ramadan. Local police officers in Sant Feliu de Llobregat (Barcelona) on May 2017, identified the defendants while they were handing out leaflets bearing the phrases "No to the mosque" and "Stop Islamization" along with the National Democracy formation's logo. A defendant addressed the victims with statements such as "Moor of shit, fucking Moor, suck my dick, go to your country Moor of shit" (Moro de mierda, puto moro, chúpame la polla, vete a tu país moro de mierda). One of the defendants stabbed one of the victims with an 11 cm knife he pulled from his pocket, resulting in an incised wound that required medical treatment and five stitches that took 12 days to cure. Four of the stitches hindered the victim from performing his daily tasks.
Main reasoning/argumentation
Ground of religion discrimination ("anti-Muslim racism"). Assess the aggravating circumstance of discrimination on grounds of nationality and religion in article 22.4 of the Criminal Code. It was established that the defendants belonged to an extreme right-wing political formation that was established in 1995 that claims that the Spanish State should only be formed and supported by native-born people and that anyone who was not born in the Spanish State poses a threat to the survival of a homogeneous nation.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
Relevant legal provisions: The aggravating circumstances of recidivism covered by article 22. 8 of the Criminal Code, discriminatory grounds based on nationality and religion covered by article 22. 4 of the Criminal Code, with the circumstance of discriminatory motives based on nationality and religion under article 22. 4 of the Criminal Code. The mitigating circumstances of undue delay under article 21. 6 as a very extenuating circumstance, and the one of reparation of the damages under article 21. 5 of the Criminal Code. The two crimes covered by articles 169.1, 2, refers to the penalties with which the crime of threats is punished and article 77 of the Criminal Code refers to the penalties in cases of ideal concurrent offences or medial concurrent offences when a crime becomes a necessary means for the commission of another crime.
Results (sanctions, outcome) and key consequences or implications of the case
The defendant was found guilty of criminal responsibility for the crime of injury with a dangerous instrument as defined by articles 147.1 and 148.1 of the Criminal Code. The accused and another defendant were criminally accountable for the concurrence of two crimes covered by articles 169.1, 2, and article 77 of the Criminal Code, as it was concluded that after performing a single action they caused several criminal results. Both defendants have the aggravating circumstance of discriminatory motives based on nationality and religion, as stipulated in article 22. 4 of the Criminal Code, and of recidivism covered by article 22. 8 of the Criminal Code. It was also applied the mitigating circumstances of undue delay, as stipulated in article 21. 6 as a very extenuating circumstance, and of reparation of the damages, as stipulated in article 21. 5 of the Criminal Code.
Key quotation in original language and its unofficial translation into English with reference details
“se declara probado y así lo reconocieron los dos acusados son integrantes del partido político “Democracia Nacional”, formación política de extrema derecha”…”con un discurso político que defiende la existencia de una comunidad de nacional interclasista, considerando que el Estado Español habría de estar formado y habilitado exclusivamente por miembros del grupo nativo y que todos aquellos no nacidos en el Estado Español son una amenaza”
"it is declared proven and so acknowledged the two defendants are members of the political party "National Democracy", an extreme right-wing political formation “ “with a political discourse the existence of a national interclassist community, considering that the Spanish State should be formed and enabled exclusively by members of the native group and that all those not born in the Spanish State are a threat”"
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