Izvorni znanstveni članak
https://doi.org/10.54070/hljk.31.2.1
Challenges in Prosecuting and Sanctioning Hate Speech
Aleksandar Maršavelski
; Sveučilište u Zagrebu Pravni fakultet
*
Maja Munivrana
; Sveučilište u Zagrebu Pravni fakultet, Zagreb, Hrvatska
*
Ines Sučić
; Institut Ivo Pilar
* Dopisni autor.
Sažetak
In this paper the authors analyse the prosecution of hate speech in Croatia primarily through empirical research of criminal and misdemeanour hate speech cases from 2016 to 2021, collected within the REASON project. In doing so, the legal framework and case law are analysed and recommendations are given for improving legal responses to hate speech, both through guidelines for the police and judicial authorities, and through de lege ferenda proposals aimed at changing the legal framework. Although hate speech in Croatia is covered by the Criminal Code and a series of misdemeanour laws, the research shows difficulties in prosecuting this phenomenon. Foremost, important challenges exist with respect to the consistent delineation of criminal offences and misdemeanours and the application of effective sanctions. The research reveals that courts in criminal cases most often impose suspended sentences, always without special obligations, and in misdemeanour cases fines. This research also includes the characteristics of the perpetrators and the phenomenological analysis of the committed offences. The paper also highlights the need for a more consistent interpretation of the law regarding hate symbols, especially in the context of sporting events. In accordance with the practice of the European Court of Human Rights, imprisonment should be reserved for the most severe forms of hate speech, while alternative sanctions should be applied to milder forms.
Ključne riječi
Hrčak ID:
328340
URI
Datum izdavanja:
4.12.2024.
Posjeta: 902 *