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Who commits a Hate Crime and how is this Crime punished according to Spanish Law?

Who commits a hate crime?

Specifically, a hate crime is committed by anyone who publicly promotes hatred, hostility, discrimination or violence against a group (or a person who belongs to a group) for any of the following reasons:

  • For racist reasons, for example, promoting anti-Semitism.

  • For reasons of ideology, for example, for belonging to a certain political party (not illegalized).

  • For reasons of religion, for example, discriminating against Muslims because of their beliefs.

  • Because of their sexual orientation, for example, promoting violence against homosexuals.

  • Because of their sex, for example, discriminating against transsexuals.

  • Because of their gender, for example, discriminating against women.

  • Because of their nationality, for example, discriminating against Moroccans because they are foreigners.

  • For reasons of ethnicity, for example, promoting violence against people of color.

  • For reasons of illness, for example, discriminating against people with AIDS.

  • Because of disability, for example, bullying a person with autism or down syndrome.

  • For reasons of their family situation, for example, fomenting hatred against divorcees.

How is hate crime punished?

The hate crime is punishable by a sentence of 1 to 4 years in prison and a fine of 6 to 12 months.

If the promotion of hatred or violence is done through any means of communication or on the Internet, for example, on social networks, the judge will impose a sentence in the upper half, that is, a prison sentence of 2 to 4 years and a fine of 9 to 12 months.

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