Description This amendment to Organic Law 10 / 1995 , of 23 November , of the Criminal Code changes , among others , the 4th circumstance of Article 22 , which is worded as follows : “ 4 .ª Committing the offence on the grounds of racist , anti-Semitic discrimination or other kinds of discrimination referring to the ideology , religion or beliefs of the victim , the ethnic group , race or nation to which they belong , their sex , sexual orientation or identity , reasons of gender , the illness they suffer from or their disability .” In addition , the penalties in article 510 are also modified .
Links and sources : https :// www . boe . es / diario _ boe / txt . php ? id = BOE-A-2015-3439
3 . Circular 7 / 2019
Law Name Year Participants Status
Circular 7 / 2019 , of 14 May , of the State Attorney General ’ s Office , on guidelines for interpreting hate crimes under article 510 of the Criminal Code .
2019 Spain Passed
Description
The aim of this communication is to establish interpretative guidelines for the different offences included in article 510 of the Criminal Code , following the amendment made by Organic Law ( LO ) 1 / 2015 , of 30 March , (“ BOE ” no . 77 , 31 March ) which came into force on 1 July 2015 .
As stated in the Preamble of this law , the new configuration of hate crimes aims , on the one hand , to incorporate the criteria established in Constitutional Court Ruling no . 235 / 2007 , of 7 November , on the crime of genocide denial , which “ limits its application to cases in which this conduct constitutes incitement to hatred or hostility towards minorities ”. On the other hand , it also seeks to include a fundamental instrument in this area , such as the Framework Decision ( FD ) 2008 / 913 / JHA of the Council of the European Union , of 28 November , in our legal system . This addresses the fight against various forms and manifestations of racism and xenophobia through criminal law . This decision represented an important step forward in the recognition of hate crimes at the European level , by establishing a common objective in the criminal response to this phenomenon through effective , proportionate and dissuasive sanctions .
Links and sources : https :// www . boe . es / buscar / act . php ? id = BOE-A-1995-25444
53