Overview
- The Criminal Chamber inadmitted the PSOE filing that accused Santiago Abascal of hate, threats and injures over his December 2023 comment.
- Magistrates followed the Public Prosecutor's view and grounded their decision in European Court of Human Rights and Constitutional Court jurisprudence.
- The ruling found no promotion or incitement of violence and no sufficient 'tasa de lesividad' to justify penal intervention under Article 510 or related offenses.
- The court underscored the strong protection for political speech targeting public officials and warned against using criminal law to police harsh rhetoric.
- The case stemmed from an interview published by Argentina's Clarín on December 10, 2023, with magistrate Javier Hernández serving as rapporteur.