Barcelona Court Acquits Jaïr Domínguez in Case of Incitement to Violence Against Vox. Jaïr Domínguez has been found not guilty of inciting hatred after his statement about a 'puñetazo en la boca' against fascism. The court ruled that his words did not pose a real threat and are protected by freedom of expression.
A high-profile trial in Barcelona has concluded against comedian Jaïr Domínguez, who was accused of inciting hatred after his appearance on Catalunya Ràdio. The court fully acquitted Domínguez, despite Vox’s demand that he be sentenced to two years in prison for calling to "fight fascism with a puñetazo en la boca."
The panel of judges concluded that Domínguez's statements, which were aired on the program Els matins, did not exceed the bounds of freedom of expression. The ruling notes that even if such words may cause controversy, they were delivered in a satirical manner and did not contain a real call to violence or a threat to public safety.
Court’s arguments
The judges emphasized that comparing Vox’s ideology to fascism and using the phrase "puñetazo en la boca" cannot be considered a hate crime. In the court’s opinion, this was an isolated incident not capable of provoking actual acts of aggression, and the comment itself was part of a satirical format.
The decision also noted that there was no evidence indicating incitement to hatred, and the statement did not have the potential to provoke violence against Vox. The court referenced European case law, which states that journalistic and satirical activity allows for elements of exaggeration and provocation, especially regarding political parties.
Context and reactions from the parties
The reason for the proceedings was a comment by Domínguez, made two days after the 2021 Catalonia elections, when Vox entered the regional parliament for the first time. In his one-minute appearance in the segment Bon dia de merda he stated that “fascism and Nazism must be stopped with a puñetazo en la boca,” and also commented on the voting results in Alt Empordà.
In court, Domínguez explained that he did not intend to incite violence, and that his words were a metaphor not aimed at particular individuals or parties, but at historical manifestations of fascism and Nazism. He emphasized that he appears on air in character, deliberately using exaggerated and humorous phrasing.
The positions of the prosecution and Vox
Even at the hearing stage, the prosecution declined to support the charges, noting the satirical nature of the remarks and the absence of any crime. At the same time, Vox representatives insisted that Domínguez fomented hostility toward their party on a broadcast listened to by almost half a million people, and demanded punishment for him.
The court also took into account the conclusions of the Mossos d’Esquadra, who recorded no incidents related to this statement, despite the political tensions at the time.
