Home Sports Vinicius asks for sanctions and the Disciplinary Code contemplates them: grandstand closures,...

Vinicius asks for sanctions and the Disciplinary Code contemplates them: grandstand closures, relegations…

Vinicius asks for sanctions and the Disciplinary Code contemplates them: grandstand closures, relegations...

Spanish football is attentive to the wave of racist incidents and especially against Vinicius. One of the focuses is on the sanctions that both the fans and the clubs themselves can receive. Although the teams are not yet suffering any retaliation from the Competition Committee, who should determine whether or not to close the fields.

As for the fans, between the complaints that LaLiga is making and the proposals for sanctions from Anti-Violence, they can be fined up to 4,000 euros and banned from entering sports venues for one year. Sentence received by the Mallorca fan who called the Brazilian “monkey” in February. On the other hand, Valencia wanted to be exemplary and has gone a step further by withdrawing the season tickets and expelling for life the two fans who insulted Vinicius.

Regarding the clubs, one of the sanctions that they can carry is reflected in article 75 of the disciplinary code. In point four, it includes that the possible “total closure of the sports venue for a period ranging from one game to one season”. And specific: ”When the causative event occurs in a single sector or stand, the sanction of partial closure of the sports venue for the same period of time expressed in the previous paragraph may be imposed, assessing the concurrent circumstances and the seriousness of the events. . In addition to the foregoing, the partial closure sanction will have to be specific and clear in relation to the sector of the stands that should be subject to the measure, all that provided for in this Disciplinary Code being applicable to that sector”.

The Disciplinary Code also contemplates more severe punishments, ranging from holding matches behind closed doors to the relegation of category through the loss of points or positions in the classification. It also includes the “pecuniary sanction for clubs, coaches, footballers, referees and managers in the framework of professional competitions, from 18,001 to 90,000 euros.”

This range of punishments falls within the infractions that are considered “very serious”. These are valued as such when there is “the omission of the duty to adopt all the measures established in the current legal system dictated in the prevention of violence, racism, xenophobia and intolerance in sport, to ensure the correct development of the games with risks for the spectators or for the participants in them and avoid carrying out acts or behaviors that are racist, xenophobic, intolerant and contrary to fundamental rights” or when there is “the facilitation of technical, economic, materials, IT or technology that support the actions of individuals or groups that promote violence or racist, xenophobic and intolerant behavior referred to in sections 1 and 2 of article 69 of the disciplinary code”.

However, disciplinary measures have not yet been applied in recent times to any club for these racist incidents despite the fact that they have been denounced to the Competition Committee. One last step that Vinicius himself has claimed on social networks: “I want actions and sanctions.”

hate crime

Hours after the racist attack suffered by Vinicius in Mestalla, Real Madrid issued a statement announcing that it has filed a complaint with the State Attorney General’s Office for an alleged hate crime. Valencia, for its part, also reported that it has identified two fans who uttered racist insults against the Madrid striker and that they will be expelled for life from Mestalla. In addition to the penalty that the Che club will impose on them, the fans risk receiving a much higher penalty through criminal proceedings. The hate crime, included in article 510 of the Penal Code, a joint sentence of imprisonment and a fine is planned; Being able to reach in the most serious cases a custodial sentence of 4 years in prison. On the other hand, all types of hate crime carry the penalty of special disqualification for educational profession or trade, in the teaching, sports and leisure field, for a period of between 3 and 10 years to the duration of the imprisonment sentence imposed, as indicated in article 510.5 CP.

The basic type of hate crime (article 510.1 of the Penal Code) carries a prison sentence of 1 to 4 years and a fine of 6 to 12 monthsMeanwhile in the attenuated type (article 510.2) the fork ranges from 6 months to 2 and a half years in prison and a fine of 6 to 12 months. The aggravated types are included in articles 510.3 and 510.4 of the CP. In the first one, the penalty is imposed in its upper half when the facts are carried out through a social network, through the Internet or through the use of information technologies, in such a way that they are made accessible to a large number of people. And in the second case (article 510.4) the penalty is imposed in its upper half (which can be raised to the highest degree) when the facts are suitable for disturbing public peace or creating a serious feeling of insecurity or fear among the members of the cluster.

The basic type of hate crime

According to article 510.1 of the Criminal Code, the basic type of hate crime punishes the following subjects with a prison term of 1 to 4 years and a fine of 6 to 12 months:

Those who publicly encourage, promote or incite directly or indirectly hatred, hostility, discrimination or violence against a group, a part of it or against a specific person due to: their belonging to the group, for racist, anti-Semitic, anti-Gypsy or other reasons. referring to ideology, religion or beliefs, family situation, the belonging of its members to an ethnic group, race or nation, their national origin, their sex, orientation or sexual identity or for reasons of gender, aporophobia, disease or disability.

Those who produce, prepare, possess for the purpose of distributing, provide access to third parties, distribute, disseminate or sell writings or any other class of material or supports that, due to their content, are suitable to encourage, promote, or directly or indirectly incite the hatred, hostility, discrimination or violence against a group, a part of it or against a specific person for the same reasons as in the previous point.

Those who publicly deny, seriously trivialize, or glorify crimes of genocide, crimes against humanity, or against persons and property protected in the event of armed conflict, or glorify their perpetrators, when they have been committed against a group or part thereof, or against a determined person for the same reasons above when in this way a climate of violence, hostility, hatred or discrimination against them is promoted or favored.

The toned down kind of hate crime

Article 510.2 regulates the attenuated type of hate crime. Thus, it punishes the following subjects with a prison sentence of 6 months to 2 years and a fine of 6 to 12 months:

Those who harm the dignity of people through actions that involve humiliation, contempt or discredit of any of the groups mentioned above or of a part of them or of any person determined for the above reasons.

Those who produce, prepare, possess for the purpose of distributing, provide access to third parties, distribute, disseminate or sell writings or any other class of material or supports that, due to their content, are suitable to harm the dignity of people because they represent a Serious humiliation, contempt or discredit of any of the aforementioned groups, of a part of them or of any specific person by reason of their belonging to them.

Those who exalt or justify by any means of public expression or dissemination the crimes that are committed against a group, a part of it or against a specific person for the above reasons. And also to those who have participated in its execution.

Aggravated types of hate crime

Article 510 CP also includes aggravated types of hate crime.

Specifically, article 510.3 CP imposes the penalty in its upper half when the facts are carried out through a social network, through the Internet or through the use of information technologies, so that they are made accessible to a large number of people. of people.

On the other hand, article 510.4 CP imposes the penalty in its upper half (which can be raised to the highest degree) when the facts are suitable for disturbing public peace or creating a serious feeling of insecurity or fear among the members of the group.

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