Comedian David Suárez has been acquitted for his jokes about people with Down syndrome. The Provincial Court of Madrid has dismissed the accusation of the Prosecutor's Office, which requested prison for him for a hate crime, and understands that his tweets were not criminal. The sentence can still be appealed before the Superior Court of Justice of Madrid. The comedian has echoed his acquittal on his Twitter account and thanked those who have supported him: "Telling a joke is not a crime in Spain," he said.
The judicial journey of the joke about Down syndrome that can lead comedian David Suárez to prison
The tweet that took the comedian to the bench of the Madrid audience was the following, written in 2019: "The other day they gave me the best blowjob of my life. The secret was that the girl used a lot of slobber. Some advantage had to have the Down's Syndrome". The Prosecutor's Office even asked for a year and 10 months in jail for him for a hate crime.
The Hearing, however, chooses to acquit him. The judges assure: "The prosecuted tweet has caused pain, has generated gratuitous damage, without on the other hand we understand that the accused apologized", but they add that" we are not facing a typical action of article 510 CP, it is not a hate crime, so it is only possible to issue an acquittal ".
The judges, with the magistrate Lourdes Casado as speaker, define Suárez's tweet as a "work of fiction", explaining that, therefore, it cannot be judged with the same canons as other types of public interventions to decide whether or not it is it is a hate crime against people with Down syndrome. The comedian's tweet, says the sentence, is "harmful" for these people but a hate crime, he adds, "requires more than a feeling of rejection."
In this case, the Provincial Court analyzes, "the existence of such incitement to hatred or violence is not appreciated" in Suárez's tweet and, he adds, it is necessary "to know how to distinguish what is bad taste of what is a crime. "Regarding the first, the judges have no doubt:" No matter how unpleasant, detestable, annoying, in bad taste, incorrect we may find the terms used in the tweet that generate rejection and we understand that at the people referred to offend and hurt them, this does not imply that we are facing a criminal offense ".
The comedian was taken to the bench of the Provincial Court of Madrid by the accusation of the Prosecutor's Office as well as of the Organization of Entities in favor of People with Intellectual Disabilities of Madrid 'Plena Inclusión Madrid', which will now have to decide whether or not to appeal before the Superior Court of the region. The two accusations asked for 1 year and 10 months in prison for a hate crime in addition to the prohibition of practicing as a comedian through social networks during that time.
The prosecution accused him of this crime understanding that his objective was to despise and vex people with Down syndrome, by assuring in his qualification letter that he acted "with evident contempt for the group of people with Down syndrome and humiliating and humiliating content." At first the case was filed by court 30 in Madrid but the Provincial Court ordered the case to be reopened. That section of the Hearing, different from the one that has tried and acquitted the comedian, understood that his tweet could not be protected by freedom of expression.