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The Civil Guard detained a neighbor of Eagles for inciting hatred through social networks (18/02/2019)

Researchers have analyzed several hundred publications, some with violent content

Facebook, due to the harshness of some of the publications, came to close two profiles administered by the arrested

The Civil Guard, in the framework of the operation 'Rook', has developed an investigation to clarify an alleged hate crime, committed through social networks, which has been settled with the identification, location, detention and subsequent judicial disposal of the alleged perpetrator of the criminal act in Águilas (Murcia).

Cash from the Information Services of the Benemérita de Madrid (Special Central Unit number 3), Navarra and Murcia started the operation last January, after detecting a large number of publications in a well-known social network that incited directly to hatred and violence against Muslims and the immigrant community.

The first analysis carried out by the civil guards revealed a large volume of publications by the now arrested, some of them with violent content.

"You have to kill them"

The Benemérita was able to verify that a huge amount of publications of violent content had been disseminated, in which supposedly it was incited in a clear and direct way to hate and exert violence against groups of immigrants and Muslims.

"You have to kill them" is one of the many comments he published.

The investigation shows that the publication of the material on the Internet has been carried out without any restriction on the social network, so it can be determined that messages of incitement to hate, violence and discrimination published have been able to reach a large number of users of this social network.

In addition it is estimated that it had a great impact, since it had several thousands of 'friends' in the popular social network.

Given the seriousness of the content published on social networks, the Civil Guard continued with the investigation in order to identify the user of the analyzed profile, which allowed identifying the suspect, a neighbor of Águilas, who managed several profiles in the social network. Facebook.

The social network, due to the hardness of the publications, managed to close two of the profiles administered by the suspect.

Once all the necessary evidence has been obtained, the Civil Guard has located and detained the suspect as the alleged perpetrator of a criminal offense contemplated in Article 510 * of the Criminal Code.

The operation has been coordinated by the prosecutor in charge of the investigation of hate crimes in the Region of Murcia and is one of the priorities established by the Secretary of State for Security regarding the investigation and prosecution of hate crimes. , visible after the recent approval of the 'Plan to Combat Hate Crimes'.

The Spanish detainee, 53 years old, neighbor of Águilas (Murcia) and with police records, the seized effects and the diligences instructed have been made available to the Court of Instruction of Lorca (Murcia).

* CHAPTER IV

Of the crimes related to the exercise of fundamental rights and public liberties.

Section 1. Of the crimes committed on the occasion of the exercise of the fundamental rights and of the public liberties guaranteed by the Constitution

Article 510

1. They will be punished with a prison sentence of one to four years and a fine of six to twelve months:

a) Those who publicly promote, promote or incite directly or indirectly to hatred, hostility, discrimination or violence against a group, a part of it or against a person determined by reason of their belonging to it, for racist, anti-Semitic or other reasons related to the ideology, religion or beliefs, family situation, the membership of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability.

b) Those who produce, develop, possess for the purpose of distribution, provide third parties with access, distribute, disseminate or sell written or any other kind of material or media that by their content are suitable to promote, promote, or incite directly or indirectly to hatred, hostility, discrimination or violence against a group, a part of it, or against a person determined by reason of their belonging to it, for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, the membership of their members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability.

c) Publicly deny, gravely trivialize or glorify the crimes of genocide, crimes against humanity or against persons and property protected in the event of armed conflict, or exalt their perpetrators, when they have been committed against a group or a part thereof, or against a person determined by reason of their membership, for racist, anti-Semitic or other reasons related to the ideology, religion or beliefs, the family situation or 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, when in this way a climate of violence, hostility, hatred or discrimination against them is promoted or favored.

2. They will be punished by imprisonment from six months to two years and a fine of six to twelve months:

a) Those who damage the dignity of people through actions that involve humiliation, disparagement or discredit of any of the groups referred to in the previous section, or a part of them, or any person determined by reason of their belonging to they for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, the membership of their members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability, or produce, develop, possess for the purpose of distributing, facilitate access, distribution, dissemination or sale of written or other material or supports that by their content are suitable to injure the dignity of persons for representing a serious humiliation, contempt or discredit of any of the mentioned groups, of a part of them, or of any person determined

or reason of their belonging to them.

b) Those who praise or justify by any means of public expression or dissemination the offenses that have been committed against a group, a part of it, or against a person determined by reason of their belonging to him for racist, anti-Semitic or other reasons to the ideology, religion or belief, family situation, the membership of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity, for reasons of gender, illness or disability, or those who have participated in its execution.

The facts will be punished with a penalty of one to four years of imprisonment and a fine of six to twelve months when this will promote or favor a climate of violence, hostility, hatred or discrimination against these groups.

3. The penalties provided for in the preceding paragraphs shall be imposed in their upper half when the facts have been carried out through a means of social communication, through the Internet or through the use of information technology, so that, that one was made accessible to a large number of people.

4. When the facts, in view of their circumstances, are suitable to alter the public peace or create a serious feeling of insecurity or fear among the members of the group, the penalty shall be imposed in its upper half, which may be raised to the upper half. in degree.

5. In all cases, the penalty of special disqualification for educational profession or office will also be imposed, in the teaching, sports and leisure field, for a period between three and ten years longer than the duration of the deprivation penalty. of freedom imposed in his case in the sentence, taking into account proportionally to the seriousness of the crime, the number of the tasks and the circumstances that concur in the offender.

6. The judge or court shall order the destruction, erasure or disabling of the books, files, documents, articles and any kind of support subject to the offense referred to in the preceding paragraphs or through which it was committed.

When the crime has been committed through information and communication technologies, the withdrawal of the contents will be agreed.

In the cases in which, through an internet access portal or information society service, the contents referred to in the previous section are exclusively or predominantly disseminated, the blocking of access or the interruption of the provision of it.

Article 510 bis.

When, in accordance with the provisions of article 31 bis, a legal entity is responsible for the offenses included in the two previous articles, the penalty of a fine of two to five years will be imposed.

Given the rules established in article 66 bis, judges and courts may also impose the penalties included in letters b) to g) of section 7 of article 33.

In this case, the provisions of number 3 of article 510 of the Criminal Code shall also apply.

Source: Ministerio del Interior

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UNE-EN ISO 9001:2000 - ER-0131/2006 Región de Murcia
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