Hate crime

The Supreme Court (TS) has confirmed a conviction for hate crime considering that, in this case, there was indeed a clear discriminatory intention and sufficient to fit the facts into art. 510 CP.

Everything happened in a bar, following a rather everyday argument, the accused was claiming one euro that he believed had not been returned correctly by a vending machine. From there, the conflict escalated, the accused began to launch racist and discriminatory insults against the bar owner, including expressions like “shitty black” , and even went as far as to threaten him with death . The situation was so serious that he even did it in front of police officers . According to the account, he also had an object that simulated being a weapon and made intimidating gestures , which ultimately led to his arrest and the victim's complaint.

The Valencia Provincial Court had already convicted him of a hate crime, and the accused appealed to the Supreme Court. However, the Supreme Court upholds the conviction and explains why: for the Supreme Court, it was not just a random insult "in the heat of the moment," but rather an attack on the dignity of the victim based on his race, skin color, and immigrant or "non-Spanish" status , implying discriminatory treatment . The Supreme Court insists that in a democratic State, there is no room for attacks based on being "different," and that these types of expressions seek to place the other person as if they were of an "inferior category." Additionally, it also confirms a conviction for minor threats .