Slovakia/Specialized Criminal Court/ 11T/6/2022 ECLI: ECLI:SK:SSPK:2022:9522100174.1

Country

Slovakia

Title

Slovakia/Specialized Criminal Court/ 11T/6/2022 ECLI: ECLI:SK:SSPK:2022:9522100174.1

View full Case

Year

2022

Decision/ruling/judgment date

Wednesday, June 08, 2022

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Specialized Criminal Court (Špecializovaný trestný súd)

Key facts of the case

A case where the accused verbally assaulted the victim because he thought he looked like a Muslim. The accused threatened the victim with violence and also threatened to kill all Muslims. The accused also subsequently punched the victim. According to the Court, the accused committed the offence of making dangerous threats under section 360 (d) of the Criminal Code, with reference to section 140(e) of the Criminal Code (the crime was committed with a specific motive which was the hatred against a person because of his/her religion), in conjunction with the offence of defamation of the nation's race and beliefs under section 423(1)(b) of the Criminal Code.

Main reasoning/argumentation

The accused threatened another with death or other serious harm in such a way as to cause reasonable apprehension. The act being committed for a specific motive - hatred against a group of persons or an individual because of their actual religious beliefs and publicly defamed a group of persons or an individual because of their true religion.

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

Key issues of the case concern: a) section 360 (d) of the Criminal Code - the offence of making dangerous threats, b) section 423(1)(b) of the Criminal Code - the offence of defamation of the nation's race and beliefs, c) section 140(e) - an offence committed with a specific motive. The accused threatened another with death or other grievous harm with hatred against a group of persons or an individual because of their actual religious beliefs and publicly defamed a group of persons or an individual because of their true religion.

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

The accused was sentenced to financial penality 500 EUR. The ruling of the Specialized Criminal Clourt is final.

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

"Obvinený je vinný, že sa sa inému vyhrážal smrťou, alebo inou ťažkou ujmou takým spôsobom, že to mohlo vzbudiť dôvodnú obavu, pričom sa skutku dopustil z osobitného motívu - z nenávisti voči skupine osôb alebo jednotlivcovi pre ich skutočné náboženské vyznanie a verejne hanobil skupinu osôb alebo jednotlivca pre ich skutočné náboženské vyznanie." "The accused is guilty of threatening another with death or other grievous bodily harm in such a manner as to be likely to excite reasonable fear, the offence being committed for a specific motive - hatred against a group of persons or an individual because of their actual religious beliefs and publicly defamed a group of persons or an individual because of their true religion."

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