A judge has acquitted an independentist accused of the crime of insulting symbols for burning a Spanish flag at a protest against the October 12 celebrations in Barcelona in 2021, believing that the action was part of the exercise of justice is to freedom of expression. Prosecutors wanted this young man to be fined 3,000 euros or imprisoned for five months for burning a flag of Spain and another of the European Union during a demonstration against the celebration of Hispanic Day, facts the accused himself denied during the Trials citing his right to freedom of expression.
In a ruling, the Criminal Court No. 23 of Barcelona acquitted this young pro-independence activist, represented by the legal group Alerta Solidària, as his act of burning a Spanish flag is protected by the fundamental right to freedom of expression. The judge based his acquittal decision on the extensive case law of both the Constitutional Court, the Supreme Court and the European Court of Human Rights. The judge argues that the defendant burned this Spanish flag in “the course of a peaceful demonstration” lawfully called against the celebration of Hispano Day.
“It has not been proven that violent crimes were committed” and the behavior of the young defendant “arisen within the framework of a space for criticism of a matter of public interest”, so that this allows the protection of his freedom of expression, he justifies the judge in his sentence. It also stresses that the accused burned a Spanish flag given to him by other protesters and that it was not taken from another person under duress, which could have resulted in a criminal conviction. It has also not been proven, according to the sentence, that the accused’s actions could fit into “hate speech” since it was a “normal” demonstration, i.e. it was “rather” a “provocation to attract attention”. trade media.
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