Política Criminal en España y discriminación xenófobala centralidad de los delitos de provocación a la discriminación

Resumen

Current multicultural societies in Europe have their origins in the massive immigration phenomenon. Cultural differences and problems of integration of minorities generate considerable social unrest, claiming in its more severe manifestations the recourse to criminal law. It is necessary to legitimize criminal law intervention in an appropriate criminal political model, adequate to European political and social settings. Community and liberal models are replaced by a Criminal Policy that takes as reference the protection of the right to non-discrimination, which is derived from the dignity of the person and the protection extended to groups or collectives. This orientation is specified in the definition of different discriminatory offenses, among which stands out as the central reference, the offense of incitement to discrimination. The study of this crime under Spanish law is an example of the need to advance the Criminal Law to behaviors that involve a manifest danger of generating violence and discriminatory actions