How far does freedom of expression go? If the one who dangerously slips over the line that delimits it is a politician, the laxity is greater, but not unlimited. For now, the Vox deputy José María Figaredo already has several complaints on his back for after their massive entry into Ceuta. Time (and Justice) will tell if the complaints have criminal, administrative, or null grounds.
The prosecutor of the Hate and Discrimination Crimes Chamber, Miguel Ángel Aguilar, has given some clues this Wednesday in an interview on Hoy por Hoy, from Cadena SER, making it clear that the jurisprudence of the Supreme Court, the Constitutional Court, and, above all, the European Court of Human Rights establishes that the threshold of protection is higher when it comes to politicians, “which does not mean that they can say whatever they want,” he warned.
In his words, it is necessary to study “who says it, how it is said, and totally analyze the meaning of the statements.” And he added that “it must be seen whether it constitutes a criminal or administrative offense, since Law 15/2022, of July 12, comprehensive for equal treatment and non-discrimination, sets sanctions in the administrative order.”
The prosecutor also referred to a recent ruling from the Supreme Court, dated February 26, 2026, which condemned seven people for spreading on Facebook messages against unaccompanied foreign minors in Melilla. In that case, the contents included calls to organize patrols and expressions that dehumanized the minors. For Aguilar, it is a relevant precedent because the Supreme Court determined that those messages were not protected by freedom of expression.
The complaints against Figaredo for his statements
Figaredo's words have already provoked several actions before the Prosecutor's Office. Compromís filed a complaint with the Prosecutor's Office of the Supreme Court to investigate his statements for a possible hate crime.
This initiative was joined by the Forum of Advocacy and Democracy, which filed another complaint with the Prosecutor's Office of the Criminal Chamber of the Supreme Court. In its writing, it requested that Figaredo be called to testify as an investigated person for possible hate crimes and against the dignity of especially vulnerable groups. The organization included in its complaint the various public statements of the deputy, including his references to “hunting” and “fishing” for migrants.
The Ministry of Equality also sent a letter to the Prosecutor's Office to determine whether the statements may fit into a hate crime under article 510 of the Penal Code. The Department led by Ana Redondo considered the expressions used by Figaredo particularly serious as they could present migrants as "prey susceptible to being pursued and captured" and contribute to generating a climate of hostility towards this group.
Along with the referral to the Prosecutor's Office, Equality informed the Independent Authority for Equality of Treatment and Non-Discrimination so that it can act within the scope of its competencies.
What the Prosecutor's Office should evaluate
The article 510 of the Penal Code punishes those who publicly promote, encourage, or incite, directly or indirectly, hatred, hostility, discrimination, or violence against certain groups for reasons such as their national origin, race, or ethnicity. The penalty provided for the basic assumption is one to four years in prison and a fine of six to twelve months.
The Circular 7/2019 of the State Attorney General establishes three precepts that must be inquired in relation to the words of Figaredo: “It is not enough to express 'hateful' ideas or opinions, but it will be necessary to urge or encourage the further commission of discriminatory acts, so that there is a real risk, even if potential, that they will be carried out.” And it adds: “The mere exposure of hate speech does not enter into criminal typicity but its public promotion.”
Hate crimes reach their historical maximum
The statistical context also shows the growth of this type of crime (something that Aguilar has also referred to). The Security Forces and Corps recorded 2,417 hate crimes and incidents in 2025, a 23.6% increase compared to the previous year and the highest figure since the historical series began in 2014. Of these, 2,242 were hate crimes, while the remaining 175 corresponded to administrative offenses and other incidents.
Racism and xenophobia concentrated the highest number of crimes, with 934 cases, a 16.17% increase compared to 2024. Those related to ideology also increased significantly: there were 241, a 63.95% increase from a year earlier. Crimes linked to sexual orientation and gender identity totaled 571 cases.
The judicial dimension has also increased. The Prosecutor's Office became aware in 2024 of 173 rulings issued in the first and second instance for hate and discrimination crimes: 129 were convictions and 44 were acquittals. Among the convictions, ten corresponded to article 510.1 of the Penal Code, related to the promotion, encouragement, or incitement to hatred, hostility, discrimination, or violence.