Croatia / Municipal Court In Pula - Pola / K-104/21

Country

Croatia

Title

Croatia / Municipal Court In Pula - Pola / K-104/21

View full Case

Year

2021

Decision/ruling/judgment date

Thursday, July 29, 2021

Incident(s) concerned/related

Violence

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Municipal Court in Pula - Pola / Općinski sud u Puli - Pola

Key facts of the case

The perpetrator was found guilty of having committed a criminal offense against personal freedom - threat. The perpetrator threatened three people of the Muslim religion. Among others, he stated that he would kill them and their family, bury them where the mosque is being built, that he would kill all their friends, that he would set fire to the mosque, while approaching the victims with a telescopic baton.

Main reasoning/argumentation

The competent state attorney's office proposed issuing a criminal warrant in this case, which the court confirmed. The State Attorney's Office requested that the perpetrator be sentenced to a prison sentence of 6 months, to which a conditional sentence is applied, which stipulates that the prison sentence of 6 months will not be carried out unless the perpetrator commits a new criminal offense within 2 years.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

Not publicly available

Results (sanctions, outcome) and key consequences or implications of the case

For the criminal offense in question, the court sentenced the perpetrator to a prison sentence of 6 months and then gave him a conditional sentence in such a way that the imposed prison sentence of 6 months will not be carried out if the perpetrator does not commit a new criminal offense within 2 years.

Key quotation in original language and its unofficial translation into English with reference details

“… and on several occasions, he said to fuck his Muslim mother, moving towards them with a telescopic baton, so he seriously threatened a large number of people that he would kill them and their close persons, and that the criminal offense was committed out of hatred, thus he committed a criminal offense against personal freedom - a threat from Article 139, paragraph 3 in connection with paragraph 2 and in connection with Article 87, item 21 of the Criminal Code.” "... te mu je u više navrata jebao mater muslimansku, krečući se prema njima s teleskopskom palicom, dakle većem broju osoba ozbiljno prijetio da će njih i njima bliske osobe usmrtiti, a kazneno djelo je počinjeno iz mržnje, čime je počinio jedno kazneno djelo protiv osobne slobode- prijetnjom iz članka 139. stavka 3. u vezi sa st.2. te u vezi s člankom 87. točka 21. KZ/11."

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