The Prosecutor’s Office against the Crimes of Hate in Barcelona has asked to archive the open cause to two followers of Barça for racist insults that gave the Real Madrid player Vinícius Jr. at the Montjuïc stadium during the Classic of the year 2023. The prosecutor understands that the vexations would be susceptible to an administrative sanction, but not criminal.
In its brief, the Public Ministry indicates that, in addition to not meeting the requirements to assume a crime of hate, of the videos and statements of the case (including lip reading reports provided by the League) a “weak probative material” is totally insufficient to bring the cause to trial.
The open cause in Barcelona investigates two Barça followers for uttering racist insults to Vinícius. One of them called “fucking monkey” and “son of bitch” to the player while he was replaced, according to the recordings of the match that are part of the cause. But from the other denounced follower it is not known what insults uttered because the images provided have no sound, the prosecutor warns.
Now the judge will have to decide whether she sends the case to trial, as they ask for Vinícius, Real Madrid and the League, or if you file it, as the Prosecutor’s Office requests. The two investigated in Barcelona have already appeared before the judge last July. One of them was hosted by his right not to declare and the other claimed that he had said “Much Morro”, but not racist insults.
In sum, for the prosecutor the three versions of the insult (“fucking monkey”, according to the report of the League; “Much Morro” according to the investigated; and “silly monkey”, according to Vinícius) entails an “indeterminacy” of the criminal acts that can only lead to the case file.
Although it was the most serious case (“fucking monkey”), this insult, by itself, does not include “the factors that would attribute to the condition the severity that is required to overcome the affectation to the right to honor.”
The racist screams “did not give rise to the interruption of the party, were not executed in a coral form, the effect called in the public did not occur, there is no one that none of those investigated belongs to a radical or extremist group, and were not united to other crimes,” recalls the delegated prosecutor against the crimes of hate of Barcelona to argue that the insults do not exceed the line of the Criminal Code.
In addition, in his statement as injured, Vinícius admitted that during the party he did not hear the racist screams, but, in reality, they were shown in a video after the classic. In the video they showed the player, the “mono” or “fucking monkey” expressions were not heard, but these insults were asked by the League lawyer.
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