Denmark / The District Court of Randers

Country

Denmark

Title

Denmark / The District Court of Randers

View full Case

Year

2017

Decision/ruling/judgment date

Friday, November 03, 2017

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

national court (Retten i Randers)

Key facts of the case

The defendant wrote a comment on an article on Facebook about 8.000 Muslims celebrating the end of Ramadan with an Eid-party in Copenhagen. The defendant wrote “A very good opportunity to … you know what … BOOM”.

Main reasoning/argumentation

The court found him guilty of violating § 266 b, section 1 and § 136, section 1 in the criminal code. Taking the context of the statement into consideration, the lower court found that the defendant had incited that a serious crime be committed. The lower court further found that the statement was suited to threaten a group of people on the basis of their 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

No key issues can be drawn on the basis of this particular case.

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

Suspended sentence of 60 days imprisonment. The lower court found the defendant guilty of violating § 266 b, section 1 and § 136, section 1 in the criminal code. Concerning the sentencing the court stated that the violations were committed in July 2015, and that it was not the defendant’s fault that the court case was not pursued within reasonable time. The court found that the sentence should be suspended.

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

”En rigtig god mulighed for at .... You know what… BOOM”.

“A very good opportunity to … you know what … BOOM”.

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.