Hate Crimes and Discrimination: Criminal Defence Guide 2026

Hate crimes have surged in Spain, especially in the digital sphere. As criminal lawyers experienced in hate crimes, we defend people accused of discriminatory conduct and explain the keys to this area.

What Are Hate Crimes?

Article 510 of the Criminal Code punishes with 1 to 4 years in prison anyone who publicly encourages, promotes or incites hatred, hostility, discrimination or violence against a group on grounds of:

• Race, ethnicity, religion or beliefs.
• Sexual orientation or gender identity.
• Disability, illness.
• Ideology, family situation.

Hate Crimes on Social Media

A tweet, a comment on Instagram or a video on TikTok can constitute a hate crime if it meets the elements of the offence. Supreme Court case law has established that:

• Mass dissemination through social media is an aggravating circumstance.
• Humour or satire can be a defence, but they have limits.
• Emojis and memes can be assessed as incitement to hatred depending on the context.

The Hate Aggravating Factor (Art. 22.4 CP)

Even if you do not commit a "hate crime" in the strict sense, any offence (bodily harm, threats, criminal damage) can be aggravated if committed for discriminatory reasons. This can raise the penalty into its upper half.

Defence Strategies

• Freedom of expression (Art. 20 of the Constitution): distinguishing legitimate opinion (however uncomfortable) from incitement to hatred.
• Absence of a discriminatory intent: proving that the motivation was something else (a personal conflict, professional criticism).
• Context and proportionality: an isolated comment in a heated debate is not the same as a systematic campaign.
• Public retraction: removing the posts and apologising can be a mitigating factor.