An independentista acquitted for burning a Spanish flag on October 12

A judge has acquitted an independentista accused of a crime of insulting symbols for burning a Spanish flag in a protest against the celebration of October 12 in Barcelona in 2021, understanding that this action is part of the exercise of the right to freedom of expression.

The public prosecutor requested for this young man a fine of 3,000 euros or a prison sentence of five months for burning a flag of Spain and another of the European Union during a demonstration against the celebration of Hispanic Day, facts that the defendant himself acknowledged during the trial, invoking his right to freedom of expression.

In a sentence, the criminal court number 23 of Barcelona acquits this young pro-independence activist, represented by the Alerta Solidària lawyers' group, considering that his action of burning a Spanish flag is protected by the fundamental right to freedom of expression .

The judge bases his acquittal decision on the numerous jurisprudence of both the Constitutional Court and the Supreme Court and the European Court of Human Rights.

The magistrate argues that the defendant burned this Spanish flag in the "course of a peaceful demonstration", lawfully called, against the celebration of Hispanic Day.

"It has not been proven that violent acts were carried out" and the conduct of the young defendant "developed within the framework of a space for criticism of a matter of public interest", so that this allows the protection of his freedom of expression, he reasons the judge in his sentence.

In addition, he emphasizes that the defendant burned a Spanish flag that other protesters had given him and that it was not taken from another person under duress, which could have led to a criminal conviction.

Nor, says the sentence, is it proven that the defendant's action could fit into "hate speech" since it took place in a demonstration that took place "normally", so that it was "rather" a "provocation to attract the attention of the media.

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