AS
Bufete de abogados penalistas Alonso Sala
diversity_3Practice Area

Hate Crimes and Discrimination

Legal defense in the delicate balance between freedom of speech and human dignity.

Defense in Hate Crimes

Hate crimes represent one of the most sensitive areas of modern criminal law. The Penal Code punishes those who foster, promote, or incite, directly or indirectly, hate, hostility, discrimination, or violence against a group. This criminal type often clashes with the fundamental right to freedom of speech.

At Alonso Sala, we defend complex cases of hate speech on social media, assaults with discriminatory aggravating circumstances, and discrimination in employment or access to public services.

Freedom of Speech or Crime?

Not every offensive comment is a crime. Jurisprudence from the Constitutional Court and the European Court of Human Rights protects even expressions that 'offend, shock, or disturb.' For it to be a hate crime, the message must have a real capacity to generate a climate of violence or endanger the group.

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FAQs

What is considered a hate crime?expand_more
It is any criminal offense (assault, threats, insults) motivated by prejudice against the victim due to their membership in a group (race, religion, disability, sexual orientation, ideology). Hate is the motivation that aggravates the crime or constitutes the crime itself (hate speech).
Is insulting on social media (Twitter/X) a crime?expand_more
It depends. Freedom of speech does not cover 'Hate Speech' that directly incites violence or harassment against vulnerable groups. If the message creates a climate of violence or serious humiliation, it is a crime (Art. 510 CP).
What is the discriminatory aggravating circumstance?expand_more
Article 22.4 of the Penal Code aggravates the penalty of ANY crime (e.g., injuries) if committed for racist, antisemitic, homophobic, or ideological reasons. It transforms a minor crime into a serious one.
What is the penalty for hate crimes?expand_more
Serious hate speech (incitement to hate) carries penalties of 1 to 4 years in prison and a fine. If committed on social media, the penalty is imposed in its upper half, and content deletion can be ordered.
Can I be convicted for a Retweet?expand_more
Yes, jurisprudence considers that spreading someone else's hate message, giving it publicity and reach (without criticizing it), can be a crime of spreading hate, especially if the user has many followers (influence capacity).
What do these crimes protect?expand_more
They protect human dignity and the principle of equality. Opinion is not punished, however hateful, but the danger that expression generates for the safety and dignity of the attacked group.

Need Immediate and Expert Legal Assistance?

The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.

Contact Alonso Sala

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