Hate crime and harassment

It is for anyone thinking about moving to Spain, planning a move or already living there. You will know whether an incident is a hate crime, how to report it, and what to do if the police do not act.

Start with "What counts as a hate crime (delito de odio) in Spain". It helps you tell hate crimes and hate speech from insults and ordinary offences. From there, the other pages cover how to report and why timing matters, harassment that is not yet a crime, online hate and threats, and hate crimes against religious, disabled and LGBTQI people.

Key rules

• Reporting deadline: There is no deadline to report a hate crime, but the offence itself expires after a set time, so report as soon as you can.
• Lawyer: You do not need a lawyer to file a denuncia, but a querella does need a lawyer and procurador.
• Police must accept: Police must accept your denuncia and give you a copy or reference number; deciding whether it is a crime is for the judge and prosecutor.
• Hate offence: Inciting hatred, hostility, discrimination or violence against a group is punishable with 1 to 4 years in prison plus a fine.
• Bias motive: An ordinary crime such as assault carries a higher penalty if bias was proven to be the motive.
• Police refusal: If police say it is not a crime, you can still insist on a written complaint and appeal a refusal.

Hate crime and harassment: the whole process, step by step

From first incident to follow-up

• Work out whether it is a hate crime, ordinary harassment or something short of a crime (read: What counts as a hate crime (delito de odio) in Spain): As soon as the incident happens

• Keep your evidence: screenshots, recordings, names of witnesses, photos of injuries (read: Online hate and threats in Spain and how to report them): Straight away, before online content disappears or memories fade

• File a denuncia with the police, a duty court or the prosecutor, and keep your copy or reference number (read: How to report a hate crime and why timing matters): As soon as you can. There is no deadline to report, but the offence itself expires after a set time

• Ask for protective measures or removal of online content if the abuse is continuing: At the time you report, because these are easier to get quickly

• If the conduct is abuse or harassment that is not yet a crime, get support from an equality body or a specialist NGO (read: Racist or xenophobic harassment that is not yet a crime): Any time, and straight away if the abuse is getting worse

• If police say it is not a crime, ask for the complaint in writing and for the hate-crime prosecutors to review it (read: Racist or xenophobic harassment that is not yet a crime): Right after the refusal

• Get community-specific support if the abuse targets your religion, disability or sexual orientation (read: Hate crimes against religious, disabled and LGBTQI people in Spain): Alongside every other step

• Appeal if the case is archived, with a lawyer's help: After the court or prosecutor closes the case

Documents you may need

• Screenshots showing the full URL — Online hate and threats in Spain and how to report them

• A notary's acta de presencia digital — Online hate and threats in Spain and how to report them

• Original files — Online hate and threats in Spain and how to report them

• A forensic expert report — Online hate and threats in Spain and how to report them

Hate crime and harassment: questions that cross several articles

Is an insult about my origin a hate crime or an ordinary insult?

It is a hate crime only if it targets you as a member of a protected group and incites hatred or seriously humiliates your dignity, usually in public. An attack on just your personal honour is an ordinary insult. If the abuse goes with another offence such as an assault, the bias motive makes that offence more serious. Read What counts as a hate crime (delito de odio) in Spain, then Racist or xenophobic harassment that is not yet a crime.

Which grounds of bias does the law protect?

The law protects racist, antisemitic and anti-Gypsy motives, and also ideology, religion, ethnic group, nation, sex, gender, age, sexual orientation or identity, illness, disability and poverty or social exclusion. Read What counts as a hate crime (delito de odio) in Spain for how each applies, and Hate crimes against religious, disabled and LGBTQI people in Spain for community-specific cases.

Can I report a hate crime online or anonymously?

Yes, you can report online through the police and Guardia Civil forms, the Alertcops app or by phone, but an anonymous report only prompts police intelligence work and is not a formal denuncia. To start a case and get victim rights you usually need to give your identity and confirm the report.

Where can I report a hate crime in person?

You can report in person at any Policía Nacional station, Guardia Civil post, regional or local police, the duty court or the prosecutor's office. The Policía Nacional and Guardia Civil have specialist hate-crime attention.

What can I do if the police say the abuse is not a crime?

You can insist on a written complaint, ask the hate-crime prosecutors to review it, or have a lawyer file directly with the court. See Racist or xenophobic harassment that is not yet a crime.