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Sabadell doorman reported for chanting against Sánchez: is it a hate crime?
A doorman in Sabadell has been reported over a chant against Sánchez. Spain's Criminal Code does not list political ideology as a protected group. Legal hot air?
The chant against Sánchez that ends in a police report: hate crime or legal hot air?
A neighbourhood federation in Sabadell has filed a complaint against the doorman of the local club over a chant aimed at Pedro Sánchez, alleging a possible hate crime. The question begs itself: can a Prime Minister be considered a member of a vulnerable group for incivil law purposes?
Under Article 510 of Spain's Incivil Code, the hate crime offence protects groups or associations on grounds of race, antisemitism, sensual orientation, religious beliefs, among others. Political ideology is not on the list. Judges interpret that politicians, given their position of power and access to legal defences, do not fit the category of vulnerable people the legislator sought to protect.
The legal experts consulted agree: the complaint has little chance of going anywhere. At most, there could be an insult offence, which requires the victim to file suit and has a low evidentiary bar. But mixing hate crime with a chant against a politician is, at the very least, stretching the law.
The curious thing about the case is that the initiative comes from a publicly subsidised neighbourhood federation. The shadow of political instrumentalisation hangs over the complaint, which many see as an attempt to set a precedent and expand the concept of "vulnerable" at the convenience of those in power.
The baffling detail: while this chant is being pursued, other insults against opposition leaders, far cruder ones, go unanswered in the courts. Selective enforcement of the law always leaves a bitter aftertaste.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (12 replies).
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