The most similar precedent to what happened with the doll of the President of the Government Pedro Sánchez in Ferraz took place three years ago in Castellón, where as a Vox delegation passed by, a shot doll representing Santiago Abascal appeared hanging from a tree.
The person responsible for the events was identified by a fingerprint found on the tape used to make the romper. Abascal, who carried out the private prosecution, demanded a sentence of three years in prison for a hate crime (the maximum possible is four years).
The prosecutor in the case, formerly responsible for hate crimes in the province, did not consider that a crime of that type existed. He charged with a crime of unconditional threats, which can lead to up to two years in prison. His request was 18 months in prison.
Criminal Court number 4 opted for this legal classification and imposed eight months for threats, in addition to a 500-euro fine. The decision is being appealed before the Provincial Court. The sentence was reduced due to the slowness in judging the case, but was increased when the aggravating factor of discrimination based on ideology or beliefs was applied, “since it is evident that the accused was motivated by political motives, by acting against the leader of a group that he considers fascist.” , this despite not knowing Mr. Abascal personally.”
The ruling considered that the requirements for a hate crime were not met in that case, so similar to what happened a few days ago before the socialist headquarters. In its article 510, the Penal Code punishes 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 membership in that group, for reasons[…] referring to ideology, religion or beliefs […]”.
The judge considered that “isolated conduct, such as that prosecuted here, is not suitable to awaken, give rise to, that climate of hatred or tension in society, not even in the area of Castellón, not reaching the seriousness of the crime.” “This is regardless,” he continued, “of whether the act is reprehensible, since the climate of hostility against Vox already existed, on the part of anti-fascist groups – the complaints provided by the prosecution lawyer reflect several attacks against its headquarters -, and “The making of the doll is one more act of that hostility, not an independent act that seeks to incite hatred of Vox.”
To reinforce his position regarding Abascal’s request, the judge used the ruling of the Strasbourg Court that condemned Spain for the prison sentence imposed on two people who burned photos of the King. The European Court of Human Rights (ECtHR) rejected that such an act fell within “hate speech”, which can justify imprisonment.
After this sentence handed down last April, just a month ago another trial for a hate crime was held in Castellón, and again with Abascal as the protagonist who was shot. This time, in some graffiti. As an accusation, Vox demands a three-year sentence for a hate crime, which contrasts with the position of the Prosecutor’s Office that sees no crime and requests acquittal.