Denmark / the Western High Court/available in the Journal of Criminal Law (Tidsskrift for Kriminalret) TfK 2019.45 V (appeal decision)
Country
Denmark
Title
Year
Decision/ruling/judgment date
Incident(s) concerned/related
Related Bias motivation
Groups affected
Court/Body type
Court/Body
Key facts of the case
The defendant commented an article on a newspaper’s Facebook page. The article was about an offender in Germany who had thrown a hand grenade on a refugee camp in Germany, and the article also stated that there was an increase in attacks on German refugee camps. The defendant wrote “Good style the more black monkeys to Neanderthals we can shoot from the face of this earth the better I sure damn hope that he who threw it will receive a medal”.
Main reasoning/argumentation
The Higher court found the defendant guilty of violating § 136, section 1 and § 266 b, section 1 in the criminal code. The Higher court found that the statement incited that a crime be committed. The Higher court further found that the statement was levelled at a particular group, and that the description of the group as “black monkeys” was taunting or demeaning on the basis of race, skin colour or ethnicity.
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.
Key quotation in original language and its unofficial translation into English with reference details
”God stil jo flere af de sorte abekatte til neandertalere vi kan skyde af jordens overflade jo bedre håber fanme ham der kastede den får en medalje”.
“Good style the more black monkeys to Neanderthals we can shoot from the face of this earth the better I sure damn hope that he who threw it will receive a medal”.