A Judge of Barcelona Ha filed the cause open to two Barcelona fans for racist insults against Real Madrid footballer Vinicius Jr. In the October Classic, 2023 in Montjuïc, although the case has resulted in the Office of Equal Treatment and Non -Discrimination.
According to Efe Legal sources, in accordance with the criteria of the Prosecutor's Office, the head of the Court of Instruction number 18 of Barcelona, Carmen García, has closed the investigation open by not seeing a crime of incitement to hatred in the insults, since they had no consequences and, in addition, the footballer did not even hear them.
Both the accusation exercised by Real Madrid and the player and by the League The research archive has already resorted to the Barcelona Audiencewhich opened following an attestate that made the Mossos d'Esquadra for racist chants and insults issued against the footballer in the classic.
Identified by recordings
The recordings of the stadium cameras and the declaration of a witness allowed to identify as authors of the shouts three followers of Barça, one of them minor.
One of the two investigated accepted his right not to declare before the instructor judgewhile another was recognized in the images of the recording provided by the Mossos, although he denied that his screams were offensive because he had limited himself to snooping “a lot of nose” the referee Following a controversial play starring Vinicius.
The Prosecutor's Office of Crimes of Hate in Barcelona asked the judge to file the case, on the grounds that the expressions issued by those investigated could not be clarified and that, even if they were offensive, They do not constitute a crime of incitement to hatred, since they did not cause “effect called” between the public or the suspension of the party.
In fact, the Public Ministry argued that “There is not even certainty” of what expressions they gave themselves against the footballer: “Puto Mono” according to a Labiofacial Reading Report contributed by the League, “Silly Mono” according to Vinicius and “Much Morro” according to the investigated.
The magistrate coincides with the prosecutor in which the insults They had not enough gravity to put coexistence at risk -As demand the crime of incitement to hate-, They had no consequences And also Vinicius neither listened to them nor understood them.
In his statement as injured, The footballer said he had felt offended because they had shouted “mono” and “fool mono”but said that I had not heard those expressions during the party but later, when they showed the images of the recording.
Possible administrative sanctions
In the opinion of the magistrate, Not everything that overflows the right to freedom of expression must be considered a crimebut jurisprudence requires that The statements in question have public effects and affect the victims to which they were directed.
For that reason, in her car the judge He agrees to deduce testimony and send the facts to the Office of Equal Treatment and Non -Discrimination To investigate the facts and adopt, where appropriate, the administrative sanctions that you consider appropriate.
