Abstract

Hate crimes (in deed as well as speech) are considered. Following reforms in the Ley Orgánica 2/2015, Spanish precursor speech crimes of terrorism have been extended but without clarifying what should be considered a 'hate or bias crime'. The chapter seeks to undertake this task, which raises the Spanish criminal law principle of inherency ('principio de inherencia'). In short, it is determined that crimes of terrorism can be viewed as very similar to hate crimes. One notable result is that the generic aggravating circumstances of hate crimes should not be added to the underlying facts that are already being penalized as crimes of terrorism otherwise a breach of the principle of inherency will be incurred. Other complexities arise because of the similarities between hate crimes and crimes of terrorism. Therefore, these two kinds of crimes should be conceptually distinguished, despite sharing some similarities.

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