Abstract

GONZALEZ URIEL, Daniel. Legal Protection of Religious Feelings: the Spanish Case. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.156, pp.1477-1521.  Epub Mar 23, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.156.15160.

In the present study the Spanish criminal regulation on protection of religious feelings is analyzed, as well as the criticisms that have been made to its maintenance. An assessment of European Comparative Law is made, taking into account the German, Italian, Portuguese and French legal systems, and it is noted that the protection of such feelings is the general rule. In addition, it studies the relations between the State and religious denominations, tie different systems are compared and the conclusion is reached that in Spain there is a positive laic system. Ultimately, it is analyzed if offenses can be constitutive of crime, if feelings are susceptible to criminal protection, and if it is legitimate to criminally protect religious feelings. In addition, it responds to criticisms to the Spanish Penal Code in this matter and proposes the restriction of article 525 of the Spanish Code.

Keywords : religious feelings; secularism; non-denominationalism; blasphemy; offenses.