Slovakia/Specialized Criminal Court/ 6T/6/2022 ECLI:SK:SSPK:2022:9522100142.1

Country

Slovakia

Title

Slovakia/Specialized Criminal Court/ 6T/6/2022 ECLI:SK:SSPK:2022:9522100142.1

View full Case

Year

2022

Decision/ruling/judgment date

Thursday, May 26, 2022

Incident(s) concerned/related

Other forms of hate speech

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

The case concerns a man who shared and published on Facebook information against Muslims, persons of African origin and migrants to Europe. He threatened with violence to them and expressed incitement to hatred. He did it repeatedly for several times.

Main reasoning/argumentation

The Specialised Criminal Court states in its reasoning that the defendant's actions publicly defamed a group of persons or an individual because of their skin color, religious belief, and publicly incited hatred against a group of persons or an individual because of their true religious beliefs religion, skin color. The defendant confessed to the crime and agreed to conclude the plea agreement with the prosecutor which was then approved by the Specialized Criminal Court.

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 key issues considered by the Court involve: a) Section 423 paragraph 1 - the offense of defamation of nation, race and belie , b) Section 424 paragraph 1 - the offence of incitement to national, racial and ethnic hatred. No other key issues are clarified by the ruling.

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

The Specialized Criminal Court approved the plea agreement concluded between the prosecutor of the Special Prosecutor's Office and the accused according which the accused was given a suspended sentence of 12 months and also his mobile phone was confiscated. The ruling of the Specialized Criminal Clourt is final.

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

"Verejne hanobil skupinu osôb alebo jednotlivca pre ich farbu pleti, náboženské vyznanie, verejne podnecoval k nenávisti voči skupine osôb alebo jednotlivcovi pre ich skutočné náboženské vyznanie, farbu pleti, čím spáchal prečin hanobenia národa, rasy a presvedčenia podľa § 423 ods. 1 písm. b) Trestného zákona, v súbehu s prečinom podnecovania k národnostnej, rasovej a etnickej nenávisti podľa § 424 ods. 1 Trestného zákona." "He publicly defamed a group of persons or an individual because of their skin color, religious belief, publicly incited hatred against a group of persons or an individual because of their true religious belief, skin color, thus committing the crime of defamation of the nation, race and belief according to Section 423, paragraph 1 letter b) of the Criminal Code, in conjunction with the crime of incitement to national, racial and ethnic hatred according to Section 424 par. 1 of the Criminal Code."

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