Hate Crimes and Discrimination: Criminal Defence Guide 2026
In this article
Key Takeaways
- Prison 1-4 years (Art. 510)
- Social media as aggravating factor
- Freedom of expression vs hatred
- Retraction as mitigating factor
The hate crime (Art. 510 CP) 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 such as race, ethnicity, religion, sexual orientation or gender identity, disability or ideology. Dissemination through social media operates as an aggravating factor. In addition, even where no hate crime in the strict sense is committed, any offence can be aggravated for discriminatory reasons (Art. 22.4 CP), raising the penalty into its upper half. The defence turns on the boundary with freedom of expression under Art. 20 of the Constitution. Anyone accused of this conduct should consult a hate crimes lawyer to assess where that boundary lies in their specific case.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Hate crimes have surged in Spain, especially in the digital sphere. As a hate crimes lawyer, our team defends people accused of discriminatory conduct and explains 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.
Accused of a Hate Crime?
The line between freedom of expression and a hate crime is blurred. Our criminal lawyers will analyse whether your statements are protected by the Constitution.
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Frequently asked questions
What conduct does the hate crime under Article 510 CP punish?
Art. 510 CP 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 or family situation.
Can a tweet or a comment on social media be a hate crime?
Yes, if it meets the elements of the offence. Case law treats mass dissemination through social media as an aggravating circumstance; humour or satire can serve as a defence but have limits, and emojis or memes can be assessed as incitement depending on the context.
What is the discrimination aggravating factor under Article 22.4 CP?
Even where no hate crime in the strict sense is committed, any offence (bodily harm, threats, criminal damage) can be aggravated if committed for discriminatory reasons. This aggravating factor under Art. 22.4 CP can raise the penalty into its upper half.
How is an accusation of a hate crime defended?
The defence relies on freedom of expression (Art. 20 of the Constitution) to distinguish legitimate opinion from incitement to hatred, on the absence of a discriminatory intent, on the context and proportionality of an isolated comment, and, where applicable, on public retraction as a mitigating factor.
Do you need criminal defense in this area?
We are criminal defense lawyers specializing in hate crimes. We act urgently to protect your rights.