The Criminal Court 1 of Segovia has acquitted the teacher for whom the Prosecutor's Office requested four years in prison for a hate crime for pouring denigrating comments on his Facebook profile against the deceased bullfighter Victor Neighborhood and against bullfighting.
In the sentence, the judge considers that the widow and the killer's parents have been victims of a «Voracious hate episode», but it acquits the defendant because the hate crime, as set out in the Criminal Code, protects vulnerable or at-risk groups that may suffer discrimination for “racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation , the membership of its members to an ethnic group, race or nation, its national origin, its sex, orientation or sexual identity, for reasons of gender, illness or disability ”; reasons among which the Criminal Code does not include the world of bullfighting And the fight.
In addition, the resolution clarifies that it has not been proven that the defendant was the author of the comments published on his profile of the social network and regrets that the proceedings aimed at finding out were not carried out during the investigation phase.
According to the sentence, "the legislator wanted to protect certain vulnerable groups of this hate speech, which is inevitably present in this case. Among them there is no bullfighting world for that reason, technically it is absolved not because it is understood that the victims have not suffered a voracious episode of hate ».
The judge considers that the “denigrating comments reflected on the social network website are infamous and they cannot be accepted under any reason in the title of freedom of expression, but they are the manifestation of repulsive behavior, which seeks and increases the pain of people who are completely sunk and destroyed by the recent loss of life of a very dear being «.
«An acquittal for the specific offense invoked by the accusations should not be understood, in any way, as a partial justification for such nefarious conduct. It is not possible to confuse freedom of expression with debauchery of expression, all democratic freedom is a responsible freedom where the person who exercises it is at the same time aware that it must act with respect to the contrary with the one who disagrees ”, emphasizes the judge in the resolution.
For this reason, leave the door open so that the widow and the parents of the deceased, who exercised the private accusation, can claim by another means. «The fact that this Judge does not grant the family a criminal response in the sense concerned, does not mean in any way that there has been no very serious damage, and that the Ordination in some other way, not by the legal precept invoked, must repair the situation of gloating in the pain of others who unfortunately had to suffer the family of Don Victor.