Croatia/Municipal Misdemeanor Court in Split/Pp-6677/2022-9

Country

Croatia

Title

Croatia/Municipal Misdemeanor Court in Split/Pp-6677/2022-9

View full case

Year

2023

Decision/ruling/judgment date

Wednesday, April 12, 2023

Incident(s) concerned/related

Other forms of hate speech

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Općinski prekršajni sud u Splitu (Municipal Misdemeanor Court in Split)

Key facts of the case

On 25 March 2022, in Split, the defendant V.B., a Croatian citizen, was charged with public disorder for shouting insults at S.B. and E.Dž., including slurs directed at E.Dž.'s Muslim identity. V.B. was intoxicated and verbally assaulted the victims with phrases such as "Fuck you bums, what are you doing here, this is my street" ("Jebem vam mater klošari, šta vi ovde radite, ovo je moja ulica"). He was accused of violating public order and of discrimination based on religion under the Anti-Discrimination Act. The court found him guilty of public disorder but acquitted him of discrimination, citing a lack of intent to create a hostile or degrading environment.

Main reasoning/argumentation

The court found V.B. guilty of public disorder under the Law on Misdemeanors Against Public Order and Peace, citing credible eyewitness testimonies. However, it acquitted him of discrimination under Article 25 of the Anti-Discrimination Act, ruling that while his remarks were offensive and religiously derogatory, the prosecution failed to prove that he intended to create a hostile or degrading environment based on religious or national grounds. The absence of discriminatory intent was a decisive factor in the acquittal.

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 clarified that religiously derogatory expressions alone do not meet the threshold for discrimination under the Anti-Discrimination Act unless accompanied by a demonstrated intent to create a hostile or degrading environment. The court distinguished between offensive conduct punishable under public order laws and discriminatory conduct requiring a specific intent to harm based on protected characteristics.

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

The court found V.B. guilty of public disorder and imposed a fine of €79.64, which was considered served due to his time spent in police custody. Additionally, he was ordered to pay €30 in procedural costs. However, the court acquitted him of discrimination charges, concluding that the prosecution failed to prove intent to create a hostile or degrading environment. The ruling underscores the high evidentiary threshold for establishing discriminatory intent under Croatian law and highlights potential gaps in addressing bias motivated conduct when intent is not explicitly demonstrated.

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

„Na temelju čl. 182. toč. 1. PZ-a okrivljenik (...) oslobađa se od optužbe da bi (...) vrijeđao E. Dž. po vjerskoj i nacionalnoj osnovi (…)." "Pursuant to Article 182, item 1 of the Misdemeanour Act, the defendant is acquitted of the charge that he (...) insulted E. Dž. on the grounds of religion and nationality (...)."

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