Encourage or promote hatred, hostility, discrimination or violence, or incite it directly or indirectly, against a group or part thereof against a person because of their membership in that group, for racist, anti-Semitic or other reasons related to the ideology, religion or beliefs, the family situation, the membership of its members to an ethnic group, race or nation, national origin, gender, orientation or sexual identity, by reason of gender, illness or disability.
Prison of up to 4 years and a fine of up to 12 months. The amount of the fine can range from € 2 to € 400 per day, depending on the economic capacity of the offender.
To injure the dignity of the people of any of the previous groups through humiliation, disparagement or discredit. Exalting or justifying, by any means of public expression, the crimes that have been committed against those groups or their members is also a hate crime.
Yes. Organic Law 1/2015, of March 30, which amended the Criminal Code, provides for the criminal liability of companies for the crime of hate.
The implementation of an effective crime prevention model (MPD) before the crime is committed can excuse the criminal responsibility of your company. In any case, before a risk indicator, the first necessary measure is the caution and the assessment of the legal consequences.