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Judge argues racist Vox poster is not a hate crime and is not being removed because it does not present “a concrete danger”

Publication: Friday April 23, 2021 2:56 PM

Madrid’s investigating court number 48 on Thursday rejected the preventive withdrawal of the racist Vox poster installed in the Sol station of the Madrid metro in which the training led by Santiago Abascal ensures that unaccompanied minors receive 4,700 euros per month of public subsidies, while a retired woman receives 426 euros of pension per month.

The head of the court thus denied the precautionary measure requested by the provincial prosecutor’s office for the withdrawal of the poster, considering that it has not been proven that “there is indeed a concrete danger”. Likewise, the judge stressed that in order to accept the immediate withdrawal of the agreement, it would be necessary to demonstrate that “the non-adoption of the measure urgently causes serious or irreparable damage to the justified criminal proceedings.

In this sense, the Court of Inquiry underlined that “ this hypothesis implies that the non-adoption of the measure in an initial phase, such as the investigation phase, leads to damage that is difficult to repair or causes the proceedings to lose. criminal itself its effectiveness. (for example, because the defendant escapes or destroys the evidence of the criminal act or because it violates the legal interests of the victim in a more serious way) “.

He asserts that “something more is needed for an act to merit criminal reproach”

In addition, the ordinance determines that the racist poster of Vox is not a hate crime and defends that “the jurisprudence required something more to speak about a fact which deserves a criminal reproach”.

These are the arguments put forward by the judge to reject the withdrawal of the racist poster of Vox against unaccompanied minors that the prosecution demanded “as soon as possible” and in which the image of a woman’s face old can be seen. Who assigns the status of “grandmother”, and ensures that he receives a pension of 426 euros, while an unaccompanied minor “receives 4,700 euros per month”.

The request to withdraw the poster not only affected the one displayed in the Sol station of the Madrid metro, but also “all those with identical content displayed in any other advertising space and placed by the denounced advertiser”.

The investigating court number 53 will continue the proceedings

After the rejection of the protective measure requested, it will be the investigating court n ° 53, the body responsible for the case, which will continue the procedure instituted by the public prosecutor for the alleged commission of a hate crime.

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