The Criminal Treatment of Hate Crimes in Spain with the Adoption of a Comparative Perspective

Abstract

The article exhibits the Spanish law treatment of hate crimes. In the European context, hate crimes have increased progressively over the last years because of globalization. Regarding the presented subject, the Spanish Criminal Code successfully invoked the Framework Decision 2008/913/JAI, from November 28, developed to combat hate crimes in the European Union. However, the doctrine has criticized the extent of the hate crimes regulation, especially article 510 of the Spanish Criminal Code. Nevertheless, jurisprudential practice displays a restrictive application of the mentioned article, rectifying, slightly, the adopted punitivism. The need to include an aporophobic motivation in the Spanish context is highlighted. Also, in adopting a comparative perspective, the criminal treatment of hate crimes in Germany and the United Kingdom are examined, as well as the lack of regulation in Latin America, which have focused on the lgbt community. It could be said that the Spanish legislation is solid in terms of prosecuting crimes, but is still insufficient, which is why there is a need for a transformation in the criminal approach to hate crimes globally.