¿Vox populi, vox dei?escarnio de los sentimientos religiosos y moral pública

Abstract

This paper aims to elucidate whether the criminal protection of religious feelings can be included in the concept of public morals, a concept which, in the framework established by the 1978 Constitution, must be identified with the common ethical minimum shared by most of the society. The first part of the paper will deal with the historical evolution of «public morality», its status as a limit to fundamental rights and the suitability of its considera- tion as a legal right protected by the criminal law. The second part of the paper, on the other hand, will be devoted to the analysis of the offence of mockery of religious feelings in Article 525 of the Spanish Criminal Code and the main criticisms levelled against it. Finally, it will determine whether the object of protection of this article could be considered as an integral part of public morality.