Spain - 2011
In the context of hate crime, is racist motivation treated as an aggravating circumstance?
- Code:
- RED29
- Key Area:
- Anti-racist Crime Legislation & Implementation
- Strand(s):
- Racism
Short Answer |
Yes, although there are few court cases that apply this aggravating. |
Qualitative Info |
According to the article number 22 of the Penal Code (Law 10/1995), the following are aggravating circumstances "the commission of the offense for racist, anti-Semit reasons or another type of discrimination related to ideology, religion, beliefs, ethnic group, race or country, sexual orientation or identity, ilness or handicap". In October 2009 takes place the first sentence to include ideological discrimination as an aggravating circumstance in a murder case. The Court Decision 419/2009 (Provincial Court of Madrid) senstence a a man who was going to attend an extreme right-wing demonstration under the leitmotif “Against Anti-Spanish Racism” mortally stabbed with a flick knife he was carrying one of a group of youngsters. These youngsters were wearing classically anti-fascist clothes. It was because of asking about and touching with a finger the sweatshirt that he victim has stabbed. Two of the youngsters were also hurt when trying to disarm the perpetrator. The judge sentenced the murderer to spend 26 years in prison and to pay nearly 160,000 € to the victim’s parents. |
Groups affected/interested | Migrants, Refugees, Roma & Travelers, Ethnic minorities |
Type (R/D) | Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia |
Key socio-economic / Institutional Areas | Policing - law enforcement, Anti-discrimination, Anti-racism, Integration - social cohesion |
External Url | http://noticias.juridicas.com/base_datos/Penal/lo10-1995.html |
Situation(s) |
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Library |
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