Step 1

Understanding Hate Crime and (Violent) Extremism

Hate Crime and (Violent Extremism) in Spain

Hate Crime

A Hate crimes are defined by the presence of two key elements: a criminal offence and a bias motivation. Such a crime takes place when an individual intentionally targets a person or property due to one or more protected identity traits, or expresses hostility towards these traits while committing the offence.

(Organization for Security and Co-operation in Europe – ODIHR, 2020)

In Spain, hate crimes are not classified as separate or autonomous offences.

Instead, they are addressed through a combination of general criminal provisions, aggravating circumstances, and specific offences within the Spanish Criminal Code.

When a crime is motivated by hatred or discrimination, Article 22.4 allows for enhanced penalties if the offence is committed due to factors such as race, religion, gender, sexual orientation, or other protected characteristics.

In addition, Article 510 criminalises incitement to hatred, discrimination, or violence, while Article 314 penalises discrimination in employment and public services.

Violent Extremism

Violent extremism refers to the beliefs and actions of individuals who support or use violence to achieve ideological, religious or political goals. This may include acts of terrorism and other forms of politically motivated violence

(UNESCO, 2017)

Violent extremism, though not explicitly defined in Spanish law, is addressed under terrorism-related provisions in the Criminal Code (Articles 573–580).

These provisions apply to acts committed with the intent to destabilise public order, coerce state institutions, or undermine constitutional values, when driven by ideological, political, or religious motives.

The law also covers preparatory acts, such as recruitment, indoctrination, training, and travel for terrorist purposes. Article 575 specifically penalises self-radicalisation through the consumption of extremist content.

In this way, Spanish legislation allows for a broad and proactive response to behaviours associated with violent extremism.

These offences differ from general criminal acts in that they are driven by prejudice or ideology and often have a broader societal impact. Hate crimes, for instance, aim not only to harm the direct victim but also to intimidate an entire community.

Violent extremism poses a threat to democratic stability, and discriminatory offences target the principle of equality before the law.

Step 2

Reporting the Crime

Where to report the crime

Victims of hate crimes or violent extremism in Spain can report these offences to:

National Police Corps (Cuerpo Nacional de Policía)

Civil Gaurd (Guardia Civil)

Both forces have specialised units dedicated to investigating hate crimes and terrorism-related offences. Reports can be made in person at police stations across the country, or through online complaint platforms provided by the Ministry of the Interior.

In larger cities, some police stations have specific Hate Crime Units that offer specialised attention. Additionally, victims can report incidents to the judicial authorities via their lawyer or through the courts directly.

Victim’s rights during the reporting phase

During the reporting process, victims have the right to be treated with dignity, respect and confidentiality. They should receive clear information about the complaint procedure and the possible outcomes. Victims can request legal assistance and interpretation services if needed, and are entitled to protection measures if there is any risk to their safety.

Authorities are obliged to record the complaint promptly and provide victims with a copy of the report. Furthermore, victims have the right to be informed about the progress of the investigation and any judicial decisions related to their case.

Step 3

Police Investigation

What happens after reporting

In Spain, once a crime is reported, the police take an initial statement and may start a preliminary investigation.

If the nature of the offense requires judicial involvement, the case is forwarded to an Examining Court, which oversees the criminal investigation phase.

The judge may order additional investigative actions, such as witness interviews, forensic reports, or protective measures for the victim.

Role of the victim in the investigation

The victim plays an active role throughout the investigation.

They may be called to provide further information or evidence and, importantly, they can choose to participate formally in the legal proceedings by becoming a private prosecutor.

This allows them to be represented by a lawyer, request investigative measures, propose evidence, and participate actively in the trial phase.

Victims Rights in the investigation

During the police investigation, victims in Spain have a number of legal rights. These include:

The right to be informed of the progress of the case and of their rights under Spanish law, particularly as outlined in the Statute of the Victim of Crime;
Receive a copy of the police report, request updates, access translation and interpretation services if needed, and be accompanied by a trusted person when making a report.

In cases where there is a risk to their safety, they can also request protective measures, such as restraining orders.

Outcomes of the Investigation

At the conclusion of the investigation, the Examining Judge may decide to:

Dismiss the case if there is insufficient evidence;
Formally proceed to trial if there are sufficient grounds.

In certain cases, involving minor offenses, alternative resolutions such as mediation or out-of-court settlements may be considered, but only with the agreement of all parties involved and if permitted under Spanish law.

Step 4

Public Prosecutor’s Role

The Public Prosecutor plays a central role in defending the public interest and ensuring that criminal proceedings are fair and effective.

The prosecutor can act independently or in coordination with the investigating judge, depending on the phase of the case.

After the police or judicial investigation is completed, the Public Prosecutor examines the case to determine whether there is sufficient evidence to pursue formal charges.

Decision-making process

The Public Prosecutor may take different decisions. They can:

Request the dismissal of the case if there is insufficient evidence;
File a formal accusation to initiate the trial phase;
Propose alternative solutions such as plea agreements or restorative justice measures in minor cases; and,
Request additional investigative actions or propose protective measures.

The decision-making process depends on factors such as the seriousness of the offense, the availability of evidence, and whether the victim has chosen to take an active role in the proceedings by becoming a private prosecutor.

Victim’s role and rights in this phase

Victims have specific rights during this phase. They are entitled to:

Be informed of the prosecutor’s decision and may intervene directly if they are acting as private prosecutors.

If the Public Prosecutor proposes to dismiss the case and the victim disagrees, the victim can oppose the decision and request the judge to continue the proceedings. This legal mechanism ensures that victims have a voice and some control over the course of the case.

Protective measures for victims

Protective measures can also be applied or maintained during this phase.

The Public Prosecutor may request restraining orders, especially in cases involving gender-based violence or intimidation.

They can also help ensure that victims have access to support services such as psychological care or emergency accommodation, and can recommend measures to protect the victim’s identity or prevent further harm.

Outcomes of the Public Prosecutor’s Review

Once the review is complete, the possible outcomes include:

Closing the case;
Filing charges and proceeding to trial;
Proposing alternative resolution mechanisms when applicable;
Coordinate with the victim’s legal representation if there is a parallel private prosecution.

The decisions of the Public Prosecutor are key to how the criminal process continues, but victims retain the right to participate actively and to challenge decisions they do not agree with.

Step 5

Court Proceedings

What Happens in Court and the Victim’s Role

During court proceedings in Spain, once the trial begins, the judge or panel of judges hears the evidence presented by the Public Prosecutor, the accused, and the victim (if involved as a private prosecutor).

Victims have the right to:

Testifying in court as a witness.

Submit evidence.

Participate through their legal representative.

Special Protection in Court (If It Exists)

Special protections exist in court to safeguard victims, particularly in sensitive cases such as gender-based violence, sexual offenses, or cases involving minors.

These protections may include the use of video testimony to avoid direct confrontation with the accused, waiting in separate areas, or having a support person present during testimony.

The court can also order measures to protect the victim’s identity and privacy.

What Happens After the Trial

After the trial, the court issues a judgment, which might be:

Conviction

→ The court will impose penalties such as fines, imprisonment or other sanctions

Accusation

→ The court will impose penalties such as fines, imprisonment or other sanctions

The victim is informed of the verdict and decisions affecting them.

Rights After the Trial

→ The court will impose penalties such as fines, imprisonment or other sanctions

Following the trial, victims retain certain rights, including the right to:

Appeal the decision (either by themselves if they are private prosecutors or through their legal counsel);
To receive compensation or restitution if awarded;
And the right to ongoing protection if there are concerns about their safety.

They may also access victim support services and legal assistance during and after the trial process.