Hate crime legislation in Spain

Criminal Code of the Kingdom of Spain (1995, as amended 2022) (excerpts related to Hate Crimes Laws) (English)


Article 22 [Aggravating circumstances]

The following are aggravating circumstances:


(4) Committing the offense for racist, anti-Semitic, anti-Roma or any other kind of discrimination related to the ideology, religion or beliefs of the victim, the ethnic group, race or nation to which he/she belongs, his/her sex, age, sexual or gender orientation or identity, reasons of gender, aporophobia or social exclusion, the disease he/she suffers or his/her disability, regardless of whether such conditions or circumstances are actually present in the person on whom the conduct is committed (…)

Article 170 [Intimidation]

1. Should the intimidation be of a harm which constitutes a felony is intended to cause fear among the inhabitants of a location, ethnic, cultural or religious group, or a social or professional group, or any other group of persons, and if serious enough for such harm to be inflicted, the respective higher degree of penalties than those foreseen in the preceding Article shall be imposed.

Article 510 [Incitement to violence]

1. Those who provoke discrimination, hate or violence against groups or associations due to racist, anti-Semitic reasons or any other related to ideology, religion or belief, family situation, belonging to an ethnic group or race, national origin, gender, sexual preference, illness or handicap, shall be punished with a sentence of imprisonment from one to three years and a fine from six to twelve months.

2. (…)