How to report a hate crime and why timing matters

Terms used

• Denuncia — A denuncia is a report of a crime to the police, a court or the prosecutor. You do not need a lawyer.
• Querella — A querella is a formal criminal complaint that makes you a party to the case. It needs a lawyer and procurador.
• Fiscalía — The Fiscalía is the prosecutor's office. Each province has one, with a prosecutor for hate crimes and discrimination.
• Juzgado de guardia — The juzgado de guardia is the duty court that receives urgent reports at any time.

Key rules

• No 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.
• Anonymous reports: An anonymous report can alert the police but is not a formal denuncia, so identify yourself to get victim rights.
• Copy: Ask for a copy of your denuncia before you leave.

Where to file

File a denuncia in person at any police station or post. You can use the Policía Nacional, the Guardia Civil, a regional force (Ertzaintza, Mossos d'Esquadra, Policía Foral) or your local police. You can also go to the duty court (juzgado de guardia) or to the Fiscalía, the provincial prosecutor's office. Each Fiscalía has a prosecutor for hate crimes and discrimination.

The Policía Nacional and the Guardia Civil have officers trained in hate crime. Many cities also have local police hate-crime units. Ask for them, but do not wait for them: any station must take your report.

You do not need a lawyer to file a denuncia. A querella is different: it is a formal complaint that makes you a party to the case, and it needs a lawyer and procurador.

Reporting online or by phone

The Policía Nacional and the Guardia Civil both have online report forms. There is also the Alertcops app and a phone line: 091 for the Policía, 062 for the Guardia Civil. Names and forms change, so check the Interior Ministry website for the current ones.

An anonymous online report can alert the police, but it is not a formal denuncia in court. To start a procedure and get the rights of a victim, you will usually need to identify yourself and confirm the report. Groups such as FELGTB, Movimiento contra la Intolerancia and Fundación Secretariado Gitano also take reports and can support you.

Why speed matters

There is no deadline to report, but the offence itself expires after a set time. The timeline below gives the periods. The clock usually runs from the date of the offence and stops once proceedings are directed against the suspect.

Reporting early also helps in practical ways:

• Online content can disappear.
• Witnesses forget details.
• Injuries heal.
• Urgent protection measures, content takedowns and saved recordings are easier to get quickly.

Use the checklist below to gather what you need. Do not delay your report to complete it.

What happens next

The police record your report and check it for signs of a discriminatory motive. The case is flagged as a hate incident in the official statistics. A national hate-crime office coordinates and supports investigators and monitors online hate speech with platforms.

Local police units or judicial police teams then investigate. They send their report to the court and the Fiscalía. The prosecutor can open an investigation or supervise the court's one, ask for protection measures, decide whether to bring charges and go to court, including to have online content removed. The prosecutor can act even if the victim has not filed a complaint.

You will be told your rights as a victim. You may get psychological and legal support, and you can ask for urgent protection.

Later you can take part in the case as a private party with a lawyer. You may qualify for free legal aid, and in some hate-crime cases legal help is available whatever your income.

If something goes wrong

If the police refuse your complaint, see the section below. Ask for a copy of your denuncia before you leave, and keep it.

Timeline and deadlines

Why timing matters

• Act fast to protect evidence, witnesses and your safety: in the first days, while online content is still up, witnesses remember, injuries are visible, and urgent protection or takedown of content is easier to get

• Minor offences (delitos leves) expire: 1 year after the offence

• Offences punishable by up to 3 years or up to 4 years in prison expire: 5 years after the offence

• More serious offences, punishable by 5 years or more, expire: 10 or 15 years after the offence, depending on the penalty

• The clock stops once proceedings are directed against the suspect: after your report leads to proceedings against a named suspect

What to record and bring when reporting a hate incident

• Write down the date, time and place of the incident.

• Describe what happened, including the exact words or acts used against you.

• Note the suspect's name or description and any details you know about them.

• Write down why you believe the motive was discriminatory.

• Collect each witness's full name, ID number, phone, address and a short account of what they saw.

• Take screenshots of online content showing the full URL, username, date and time, and save the link to the post.

• Keep original files, messages and e-mails unedited, and make several copies.

• Keep the original post and messages online, and do not confront the author.

• Ask the police to record the online evidence and to request that the platform preserve the data.

• Go to a hospital emergency department if you are injured, say it was an assault and a hate attack, and ask for a copy of the injury report (parte de lesiones).

• Keep photos of your injuries, the discharge report, later medical records, and any damaged items or clothing.

• Bring your passport, NIE or DNI, though police can still take your complaint without papers.

• Ask for an interpreter if you need one, and say whether you want protection measures or victim assistance.

What if the police will not take your hate-crime complaint?

Police must accept your denuncia (a formal crime report) and give you a copy or a reference number. Deciding whether it is a crime is for the judge and prosecutor, not for the officer at the desk. If police refuse or play it down, you have several ways to go over their heads.

Ask for what you are owed

Say calmly that police must accept the report. Ask for a copy or a registration number, in a language you understand. If they still refuse, ask for the refusal and the reason in writing. A written refusal is useful evidence for every step below.

Write down the date, the station, the officer's professional ID number (the TIP, shown on the uniform) if you can see it, and what was said.

Escalate in this order

1. Try another station. Go to a different Policía Nacional or Guardia Civil station and file there.
2. Go to the duty court. The juzgado de guardia must accept a denuncia, written or spoken. You do not need a lawyer to file.
3. Write to the prosecutor. Send a written complaint to the Fiscalía.
4. Use the national hate-crime office. The Interior Ministry's national office against hate crimes (ONDOD) has an online report form.
5. Complain to the Defensor del Pueblo. This is Spain's ombudsman. It can look at how the police treated you.

A lawyer can also file a querella, a formal criminal complaint to a court. Groups such as Movimiento contra la Intolerancia or FELGTB can help you prepare and file a report.

Complain about the officers

You can also complain about the officers themselves. Send a written complaint to the Interior Ministry's police inspection service (for Policía Nacional and Guardia Civil), to the force's internal affairs unit, to the Defensor del Pueblo or to the Fiscalía. If regional or local police were involved, complain to them too.

Include the date, the station, the officer's number if you have it, and the facts. You can file at a registry office or online with a digital certificate.

A refusal to take a report can be a disciplinary breach. In serious cases it can be a crime, such as failing in the duty to pursue offences. Serious conduct can be reported to a court.

Keep your copy

Once your report is accepted, keep the copy or reference number. If you do not get it, ask for it at the same station or court. Once a case is open, you can ask the court for information on it.

Contact channels and online forms change, so check the current ones before you use them.

Police must accept your hate-crime denuncia and give you a copy or reference number. This page explains what to do, and where to go next, if they refuse or play it down.

• Police duty: 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.
• Refusal: Ask for the refusal and its reason in writing, then try another station or the duty court.
• Officer details: Note the date, station and the officer's TIP number so you can complain about their conduct.

Contact channels, online forms and complaint procedures change and vary by body, so check the current ones before you use them.

Quick answers on hate crime reporting in Spain

Can I report a hate crime without residence papers?

Yes, you can report a hate crime without residence papers, and police are directed to take your complaint whatever your administrative status. Police should not open a removal file only because you reported, but practice varies between stations. Consider going with an NGO or a lawyer.

Can I report a hate crime in a language other than Spanish?

Yes, you have the right to report in a language you understand and to get a free interpreter. In practice the interpreter may join by phone at the first contact, and written translations can take time. You can challenge a lack of interpreting.

How do I get a copy of my denuncia later if I did not get one?

You can ask for the copy at the same station or court where you filed. Once a case is open, ask the juzgado (court) for the case information. You are entitled to a written acknowledgment in a language you understand.

Can I use victim assistance offices if I have no papers?

Yes, victim assistance offices (OAV) are free and open to you whatever your nationality or status, even if you have not filed a complaint. They give information, emotional support and guidance. You can go directly or be referred, often by appointment.

Can I get state compensation after a hate-related violent crime?

Yes, but only if the crime was intentional and violent and caused serious injury or harm to your health. A criminal case must have started, and a final judgment is generally needed. You generally must apply within one year of the crime or the final decision. The aid applies when the offender cannot pay.