The investigation and proof of hate crimes

Special reference to circumstantial evidence

Abstract

Since the beginning of humanity, the world's population has been in continuous movement, originating the so-called migratory flows, these movements responding to various reasons, among others, work, family, violence, persecution and education. Hate crimes are born in a multiethnic society and develop based on three essential factors: discrimination, the protection of the most vulnerable groups and the need to protect the values of our community. In this context, hate can cause threats and even alter the social order, which is why the concept of hate becomes extremely important from a penological point of view and is classified in Organic Law 10/1995, of November 23 of the Penal Code, although it is necessary to carry out an exhaustive investigation by the police and judicial authorities to obtain sufficient evidence to support a criminal conviction. In most cases, it is necessary to resort to circumstantial evidence to prove the motivation for committing the crime for reasons of hate, that is to say, proving discriminatory hatred and its projection in the crime depends on the circumstantial evidence.