Article 510 of the Penal Code

  Penal Code

1. They will be punished with a prison sentence of one to four years and a fine of six to twelve months:

a) Those who publicly encourage, promote or incite directly or indirectly hatred, hostility, discrimination or violence against a group, a part of it or against a specific person by reason of their belonging to it, for racist, anti-Semitic or other reasons related to the ideology, religion or beliefs, family situation, the belonging of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability.

b) Those who produce, prepare, possess for the purpose of distributing, provide access to third parties, distribute, disseminate or sell writings or any other class of material or supports that, due to their content, are suitable to encourage, promote, or incite directly or indirectly to hatred, hostility, discrimination or violence against a group, a part of it, or against a specific person by reason of their belonging to it, for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, the belonging of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability.

c) Publicly deny, seriously trivialize, or glorify crimes of genocide, crimes against humanity, or against persons and property protected in case of armed conflict, or glorify their perpetrators, when they have been committed against a group or part thereof, or against a specific person by reason of their belonging to it, for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, the family situation or the belonging of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability, when in this way a climate of violence, hostility, hatred or discrimination against them is promoted or favored.

Are you looking for a lawyer specialized in Criminal Law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

2. They will be punished with imprisonment from six months to two years and a fine from six to twelve months:

a) Those who harm the dignity of people through actions that entail humiliation, contempt or discredit of any of the groups referred to in the previous section, or of a part of them, or of any specific person by reason of their membership of them for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, the belonging of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, disease or disability, or produce, prepare, possess for the purpose of distributing, provide access to third parties, distribute, disseminate or sell writings or any other class of material or supports that, due to their content, are suitable to harm the dignity of people for representing a serious humiliation, contempt or discredit of any of the aforementioned groups, of a part of them, or of any specific person by reason of their belonging to them.

b) Those who exalt or justify by any means of public expression or dissemination the crimes that have been committed against a group, a part of it, or against a specific person by reason of their belonging to it for racist, anti-Semitic or other related reasons. to the ideology, religion or beliefs, family situation, the belonging of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability, or to those who have participated in his execution.

The acts will be punished with a sentence of one to four years in prison and a fine of six to twelve months when in this way a climate of violence, hostility, hatred or discrimination against the aforementioned groups is promoted or favored.

3. The penalties provided for in the preceding paragraphs will be imposed in the upper half when the events have been carried out through a means of social communication, through the Internet or through the use of information technologies, so that, it was made accessible to a large number of people.

4. When the facts, in view of their circumstances, are suitable for disturbing public peace or creating a serious feeling of insecurity or fear among the members of the group, the penalty will be imposed in its upper half, which may be raised to the upper half. in grade.

5. In all cases, the penalty of special disqualification for educational profession or trade will also be imposed, in the teaching, sports and free time field, for a period of between three and ten years longer than the duration of the deprivation sentence. of freedom imposed in his case in the sentence, taking into account proportionally the seriousness of the crime, the number of the crimes committed and the circumstances that concur in the delinquent.

6. The judge or court will order the destruction, deletion or uselessness of the books, files, documents, articles and any kind of support that is the object of the crime referred to in the previous sections or by means of which it was committed. When the crime was committed through information and communication technologies, the withdrawal of the contents will be agreed.

In the cases in which, through an Internet access portal or information society service, the contents referred to in the previous section are disseminated exclusively or predominantly, the blocking of access or the interruption of access will be ordered. the provision thereof.

art 510 cp

Article 510 of the Penal Code Spanish refers to the crimes committed during the exercise of fundamental rights and public liberties guaranteed by the Constitution.

As a general rule, this article punishes this type of crime with a prison sentence of 1 to 4 years and a fine of 6 to 12 months.

Specifically, the first paragraph of article 510 refers to hate crime.

Article 510 of the Criminal Code is part of the title dedicated to crimes against the Constitution: