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- Title
LA PROTECCIÓN PENAL DE LOS SÍMBOLOS NACIONALES. EL DELITO DE ULTRAJE A LA BANDERA.
- Authors
BILBAO UBILLOS, JUAN MARÍA
- Abstract
Sentence 190/2020, of December 15, of the Constitutional Court has reopened the debate on the compatibility of the crime of outrage to national symbols (art. 543 CP) with the constitutional guarantee of ideological freedom and expression. After reviewing the different solutions that have been adopted in comparative law, the focus is set on the current criminal type, much questioned by most of the doctrine, in its antecedents and in its application by the courts, both in the modality of outrage to the anthem and in that of outrage to the flag. The article closes with the analysis of STC 190/2020 in the Fragoso case, which has already landed in the Court of Strasbourg.
- Subjects
STRASBOURG (France); NATIONAL emblems; COMPARATIVE law; FREEDOM of expression; CONSTITUTIONAL courts; CRIMINAL sentencing
- Publication
Revista Española de Derecho Constitucional, 2022, Issue 126, p13
- ISSN
0211-5743
- Publication type
Article
- DOI
10.18042/cepc/redc.126.01