La acreditación de la aporofobia en el proceso penal

Abstract

This paper addresses how I understand the criminal process should be focused from a viewpoint towards procedural practice, especially at the hearing when its object is the investigation of a crime in which the accused’s actions are motivated by «hatred of the poor» or  aporophobia. The subject’s intention must be as proven as well as the act itself, and to this end attention must be paid to the specific circumstances of the act (prior, simultaneous and subsequent) to determine the unlawful intent of the person under investigation. The victim’s testimony is of particular relevance, and its analysis must comply with criteria set by case law and with the features intrinsic to this type of act. The hateful nature of this kind of behaviour must not lead to relaxing or softening the demands for proof which must at all times comply with the principles laid down in the EC and in our procedural acts.