The bill registered this Friday in the Congress of Deputies, which, among other things, contemplates the suppression of the crime of offenses against religious feelings, establishes that, once it comes into force, must be applied retroactively in favor of the inmatewhich implies that it will give rise to the same dynamics of case review as what is known as the ‘only yes means yes’ law.
In the explanatory statement of the bill, the PSOE states that the crime of offending religious feelings provided for in article 525 of the Penal Code (CP) must be eliminated in response to the most recent jurisprudence of the European Court of Rights. Human Rights (ECtHR) which “considers that freedom of expression It also covers ideas that offend, shock or disturb, so that people who profess a religion cannot reasonably expect exemption from all criticism, but must tolerate and accept others publicly rejecting their beliefs.
The Socialist Group in the Lower House recalls that until now 525 punishes “those who, in order to offend the feelings of the members of a religious confession, publicly, verbally, in writing or through any type of document, mock their dogmas, beliefs , rites or ceremonies, or humiliate, also publicly, those who profess or practice them”, in addition to those who “publicly mock, orally or in writing, those who do not profess any religion or belief.”
In the text, the PSOE indicates that the right to freedom of expression recognized in article 10 of the European Convention on Human Rights (ECHR) “Hate speech is limited (…) in such a way that only at that point, and not before, does the positive obligation of intervention on the part of the State arise.”
“From this perspective, the crime provided for in article 525 of the CP has a difficult time fitting into the doctrine established by the ECtHR, and its repeal is opportune, in order to align Spanish legislation with that of several neighboring countries, including France, Sweden and Ireland, and to guarantee that public and legitimate criticism can be made of the dogmas of faith, beliefs and rites of a religion, which is the minimum required in a democratic State that guarantees in a real sense the right to freedom of expression and creation,” he highlights.
On the other hand, he clarifies that this repeal “does not represent a reduction in the protection of the fundamental right to religious freedom recognized in article 16.1 of the Constitution, since the criminal protection of the fundamental right to religious freedom continues in force, particularly in articles 522 to 524 of the Penal Code, which remain unchanged.
It thus explains that it ensures that “any believer can freely exercise this fundamental right without being subjected to any intimidation, and in a general manner” both by the validity of the hate crime (510 of the CP) and the existence of “a protection of the right to honor of every believing person” included both in the civil sphere (Organic Law 1/82 on civil protection of the right to honor, personal and family privacy and one’s own image) and in the criminal sphere with the crime of libel.
In its articles, the bill declares the repeal of article 525 of the CP, punishable by a fine of 8 to 12 months, as well as the “application of the provisions of article 2.2 of said legal text”, according to which “Those criminal laws that favor the inmate will have retroactive effect.although upon entry into force a final sentence had been passed and the subject was serving a sentence” and adds that, “in case of doubt regarding the determination of the most favorable law, the prisoner will be heard.”
The legal sources consulted by Europa Press indicate that this express allusion to article 2.2 of the CP means that The convictions for this crime must be reviewed and the cases opened based on it must be archived, all ex officio.although the interested party may also request it.
Lalachus case
López himself has alluded to the case of Laura Yustres, better known as ‘Lalachus’, against whom Abogados Cristianos and Hazte OÃr took legal action for showing a small image of the Sacred Heart of Jesus with the head of the Grand Prix heifer during the Bells of TVE, which he presented with David Broncano.
The Christian Lawyers’ complaint is directed against both Lalachus and the president of RTVE, José Pablo López, because after the program the latter wrote on the social network X: “Happy to work with people who take risks.”
The complainants consider, on the one hand, that the use of the image of the Sacred Heart of Jesus as the Grand Prix cow “denotes a clear contempt and mockery of the rites and symbols of Catholicism and represents vexation, insult and outrage towards religious feelings and Catholic beliefs”; and, on the other hand, that López’s message shows that “the mockery against Christians had, at the very least, their approval.”
#suppression #crime #religious #feelings #dynamics #case #review #means
