Slovakia / Specialized Criminal Court / 2T/15/2019

Country

Slovakia

Title

Slovakia / Specialized Criminal Court / 2T/15/2019

View full Case

Year

2019

Decision/ruling/judgment date

Wednesday, June 26, 2019

Incident(s) concerned/related

Incitement to violence or hatred
Violence
Other forms of hate speech

Related Bias motivation

Race/Ethnicity
Race/Ethnicity
Religion

Groups affected

Muslims
Black people or of African origin
Other religious groups

Court/Body type

National Court

Court/Body

Specialized Criminal Court,office Pezinok

Key facts of the case

The case concerns multiple crimes and offences committed within years 2012-2018 mainly online through public facebook profile, involving incitement to violence and hate, threats, hate speech and defamation targeting Islamic religion and culture, Muslims, black people and people of African origin, Roma, Jews and migrants.

Examples from the evidence are posted comments "to shoot migrants and gypsies as well" or posted pictures and posts that disrespect Islamic religion.

The defendant was also accused of publicly disseminating extremism materials, of symphatizing with extremist groups and of keeping higher quantitiy of methanphetamin.

Main reasoning/argumentation

The case was not put through a public court trial. The judge of the Specialized Criminal Court issued a verdict accepting the agreement between the prosecutor of the Special Prosecution Office of the General Prosecutors Office of the Slovak Republic and the defendant. By accepting the agreement, the defendant renounced himself from the right to public trial and appeal from verdict.

He was convicted of offenses and crimes based on §424 art. 1, art. 3, §422b art.1, art 2 letter b), §422c, §423 art 1 letter a)-b), §171 art.2, of the Criminal Code (Act no. 300/2005 Coll Criminal Code).

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

The case did not bring new interpretations or concepts. Defendant accepted the agreement proposed by the prosecutor from the Special Prosecution Office of the General Prosecutors Office of the Slovak Republic.

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

The Specialized Criminal Court issued a verdict accepting the agreement between the defendant and the prosecutor of the Special Prosecution Office of the General Prosecutors Office of the Slovak Republic. The judge did not find any major violation of procedural rules and did not find the agreement as obviously inadequate. The court raised unspecified comments to the agreement, which were accepted by the defendant.

Based on the verdict, the defendant was sentenced to cumulative 3 years of imprisonment, while applying suspended term of imprisonment and supervision for 5 years period.

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

The court did not issue its own reasoning, it just accepted the agreement between the Special Prosecutor Office and the defendant.

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.