Denmark / the Western High Court/available in the Journal of Criminal Law (Tidsskrift for Kriminalret) TfK 2019.45 V (appeal decision)

Country

Denmark

Title

Denmark / the Western High Court/available in the Journal of Criminal Law (Tidsskrift for Kriminalret) TfK 2019.45 V (appeal decision)

View full Case

Year

2018

Decision/ruling/judgment date

Tuesday, October 09, 2018

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity
Race/Ethnicity

Groups affected

Refugees & asylum seekers

Court/Body type

National Court

Court/Body

National higher court (Vestre Landsret)

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”.

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.