The room of the penitentiary of the Supreme Court, in sentence number 620/2018, of 4 of December, has confirmed the sentence to six months of prison by a crime against the religious feelings imposed to the man whom it interrupted, next to other people, a mass in the church Sant Pere de Banyoles (Gerona) in 2014 with shouts in favor of the abortion, it exhibited a placard in the altar with the slogan it was rosaries of our ovaries and threw pasquines. The court considers credited who was gone too far in the exercise of the freedom of expression and that harmed the fundamental right to the religious freedom and of cult.
The Room remembers its own doctrine, the one of the Constitutional Court and the one of the Court of Justice of European Uni³n (TJUE) regarding which the fundamental rights to the freedom of expression, meeting and manifestation are not right absolute, and that can enter collision with other fundamental rights, equally had the charge of, as the right to the religious freedom.
From this doctrine, the magistrates conclude that the expressions and acts realised by the defendant, in principle, totally are protected by the freedom of expression, that does not exclude the possibility of expressing any point of view. It despite, must have carried out it through necessary and suitable and, therefore, nonharmful means for other constitutional rights and values. The sentence explains that far from it, the interior of a Church chose to take to end its action, place especially reserved for the meeting of which they profess the catholic religion, in front of the altar, during the celebration of a dominical mass and in a while in which the parishioners were gathered in oration.
Really, it affirms the court, the opposed sentence has not harmed the freedom of expression, meeting and manifestation of Mr. Roura because its penal sentence is not based on its ideology in favor of the abortion or the critic realised in front of the Roman catholic church by its position before the reform of the Law of the abortion that was advocated by then Minister of Justice Mr. Ruiz Gallard³n, but on the way, time and place in which it showed it external and publicly in the terms that have been described, going too far themselves in the exercise of the freedom of expression and harming without any urgent social necessity, in words of the TEDH, the fundamental right to the religious freedom and of cult.
The Room indicates that in this case it is evident that with his action the defendant interrupted some minutes the religious ceremony, disturbing the act, and in this way the feeling of the parishioners who were at that time congregated celebrating an important act for their religious confession. In this way, it continues, it forced to that the office paused and to that the parishioners remained seated in the bank who occupied without facing the demonstrators and being able to continue with the celebration of the religious ceremony. The celebrant had to seat in one of the lateral chairs of the zone of the altar to hope, according to its own words and as it are expressed in the sentence of the Hearing, to that it stopped ruixat (the shower). In this way an impediment, interruption or serious disturbance of the act or religious ceremony were caused that was being celebrated inside the catholic temple.
The sentence concludes that the defendant committed his action by the route in fact and that was gone too far in the exercise of its right to the freedom of expression when doing violence to form arbitrary and unwarranted the fundamental right to the religious freedom and of cult that it guarantees article 16,1 of the Constitution. By that reason, it rejects the resource of annulment interposed by the condemned and confirms the sentence of the Provincial Hearing of Gerona that imposed the mentioned punishment to him of six months of prison by a crime against the religious feelings. By that reason, it rejects the resource of annulment interposed by the condemned and confirms the sentence of the Provincial Hearing of Gerona that imposed the mentioned punishment to him of six months of prison by a crime against the religious feelings.
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