scholarly journals Mechanisms of improving institutional capacities of the state to prevent hate speech and hate crimes

Temida ◽  
2014 ◽  
Vol 17 (2) ◽  
pp. 3-26
Author(s):  
Mirjana Dokmanovic
Keyword(s):  
Hate Crime ◽  
Hate Speech ◽  
Criminal Code ◽  
Hate Crimes ◽  
The State ◽  
The European Union ◽  
Criminal Offence ◽  
Ethnic Affiliation ◽  
Mitigating Factors ◽  
The Republic

The Republic of Serbia has introduced special circumstances for the determination of sentence for hate crime in the Criminal Code amended in December 2012. If a criminal offence is committed through hate based on race or religion, national or ethnic affiliation, sex, sexual orientation or gender identity of another, the court shall consider any aggravating factors except when it is not stipulated as a feature of the criminal offence. However, the State still neglects to consider mitigating factors. Moreover, it does not pay sufficient attention to eliminating verbal expressions of hatred and discrimination that often precede crimes motivated by hate. The paper discusses the possibility of improving education and coordinated activities of the State, particularly of courts, prosecutors, police and local self-governments, to combat hate speech and hate crimes. The aim of the paper is to present mechanisms of improving institutional capacities to prevent these phenomena that have been implemented within the project ?Implementation of Anti-Discrimination Policies in Serbia? financed by the European Union. The paper concludes that central to the success of this process are the education of state actors, and the development of a value system based on equality and acceptance of diversity.

scholarly journals Naida noziegumi Latvijā: kriminālatbildība un piemērotie sodi

2019 ◽  
Vol 1 (13) ◽  
pp. 30-41
Author(s):  
Ēriks Treļs
Keyword(s):  
Law Enforcement ◽  
European Commission ◽  
Hate Speech ◽  
Hate Crimes ◽  
The State ◽  
Vulnerable Groups ◽  
Actual Situation ◽  
Law Enforcement Agencies ◽  
Published Report ◽  
The Republic

2019. gada 5. martā Eiropas Komisija pret rasismu un neiecietību (The European Commission against Racism and Intolerance, ECRI) publicēja Piekto ziņojumu par Latviju. Tajā, atsaucoties uz Tiesībsarga biroja un nevalstisko organizāciju sniegto informāciju, norādīts, ka naida kurināšanas upuri bieži vien neinformē policiju par notikušo, jo viņiem nav pārliecības par tiesībaizsardzības iestāžu vēlmi vai spēju efektīvi izmeklēt šos notikumus, tādēļ tiek rekomendēts Valsts policijai izveidot speciālu struktūrvienību darbam ar mazāk aizsargātajām sabiedrības grupām. Iepriekšējā ziņojumā, kas tika publicēts 2012. gada 21. februārī, ECRI norādīja, ka par šāda veida noziegumiem piespriestie sodi (ar dažiem izņēmumiem, kad tika piemēroti sodi, kas saistīti ar brīvības atņemšanu) Latvijā ir pārāk saudzīgi. Rakstā tiek skaidrots, kā šajā jomā mainījusies situācija pēc ECRI Ceturtā ziņojuma publicēšanas. The European Commission against Racism and Intolerance (ECRI) on 5 March 2019 published Report on Latvia (fifth monitoring cycle). Non-governmental organisations, minority representatives and Ombudsman of the Republic of Latvia indicated to ECRI that victims of hate speech do not often report incidents to the police due to lack of trust in the willingness or ability of the law enforcement agencies to investigate these cases effectively. ECRI recommends, as a matter of priority, that the authorities establish a unit within the State Police tasked with reaching out to vulnerable groups in order to increase trust in the police and address the problem of under-reporting of hate crimes. In 2012, the ECRI pointed out that penalties for racist violence (with a few exceptions, the imposition of custodial penalties) in Latvia are too lenient. Therefore, the author offers his vision of the actual situation and how things have changed since the fourth ECRI Report on Latvia.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals Merebaknya Intoleransi (Hate Speech dan Hate Crime) dalam Politik Indonesia

2020 ◽  
Vol 12 (1) ◽  
pp. 87-99
Author(s):  
Munandzirul Amin
Keyword(s):  
Hate Crime ◽  
Hate Speech ◽  
The State ◽  
Political Order ◽  
New Order ◽  
The People ◽  
Technical Issues ◽  
The Government ◽  
The Relationship

Democracy provides a place for us to learn to live with the enemy because only democracy allows tension and paradox, which comes from freedom, to occur in society. In contrast to the New Order era, we can now enjoy freedom of opinion and association. This freedom can in turn produce tension. The relationship between elements of society with one another, or the relationship between the state and elements of society, can be tense because of differences in interests in regulating social and political order. Meanwhile, Indonesian society witnessed the paradox which also originated from freedom. This, for example, is shown by the emergence of intolerant groups such as the Islamic Defenders Front (FPI) and Hizb ut-Tahrir Indonesia (HTI). Even organizations such as HTI are of the view that democracy is not in accordance with the teachings of Islam in terms of sovereignty in the hands of the people, what should determine that is the preogrative right of Allah SWT. The government in the view of HTI only implements sharia and determines administrative technical issues.

scholarly journals A Time-Series Analysis of Contextual-Level Effects on Hate Crime in The Netherlands

Social Forces ◽  
2020 ◽  
Author(s):  
Laura Jacobs ◽  
Joost van Spanje
Keyword(s):  
Time Series ◽  
The Netherlands ◽  
Time Series Analysis ◽  
Hate Crime ◽  
Hate Speech ◽  
Contextual Factors ◽  
Hate Crimes ◽  
Party Leader ◽  
Terrorist Attacks ◽  
Series Analysis

Abstract Nowadays, registered hate crimes are on the rise in many Western societies. What explains temporal variation in the incidence of hate crimes? Combining insights from the grievance model and the opportunity model, we study the role of three types of contextual factors: security (terrorism), media (news about terrorism and immigration), and political factors (speech by anti-immigration actors, hate speech prosecution, and high-profile anti-immigration victories). We apply time-series analysis to our original dataset of registered hate crimes in the Netherlands, 2015–2017 (N = 7,219). Findings indicate that terrorist attacks, (both print and online) news on refugees, immigration, and terrorism boost nonviolent hate crime. Similarly, news of the hate speech prosecution of Freedom Party leader Geert Wilders increases nonviolent crime as well. Tentative evidence points to a contagion effect of speech by anti-immigration actors. With regard to violent hate crime, only terrorist attacks had an effect. This effect was modest and only found in one of our models. Hence, the grievance and the opportunities model each partially explain nonviolent hate crime, although the security and media context seem most influential. Our findings help to identify the contextual factors contributing to a climate for hate and suggest that perceived threats play a key role.

The Specters of Citizenship

2017 ◽  
Author(s):  
Amy L. Brandzel
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
State Violence ◽  
The State ◽  
Police Brutality ◽  
Structural Level ◽  
Hate Crime Legislation ◽  
The Social ◽  
Crime Legislation ◽  
Social Level

This chapter examines the violent maintenance of citizenship through the police state, and the uses of hate crime legislation to both name and disallow any recognition of this violence. The intervention into how we understand citizenship to be violently organized functions at two interconnected levels, that is, at the structural level of state violence, and at the social level of identity categories. At the level of the state, hate crime legislation offers us important information on how the violence of citizenship is managed, controlled, and directed. At the structural level of the state, the chapter adds to left critiques of hate crime legislation by unpacking how these laws are used to create a dangerous discontinuum, in which hate crimes are marked as individualized errors, while police brutality is systemically assuaged. By examining the machinations of hate crime legislation at these two levels, it is argued that hate crime legislation works, simultaneously, to recognize and deny: (1) the violence of citizenship; and (2) the fear that the oppressed will seek revenge and retaliate for this experience by using violence themselves.

Legal Aspects of Protecting the State Border of the Republic of Poland during Pandemics

2020 ◽  
Vol 75 ◽  
pp. 189-204
Author(s):  
Robert Socha
Keyword(s):  
Public Health ◽  
Legal Aspects ◽  
The State ◽  
World Health ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
The World ◽  
The Republic ◽  
International Threat

The problems raised in this article focus on the issues related to the solutions adopted by the Polish legislator as to the protection of the state border in the context of an international threat. The author presents the legal conditions related to the probability of temporary reintroduction of border control for persons crossing the state border regarded as an internal border of the European Union in the event of a threat to public health. The background for these considerations are legal regulations concerning the change in the organization of the protection of the state border of the Republic of Poland, as introduced due to the World Health Organization’s announcement of the pandemic caused by the SARS-CoV-2 coronavirus leading to the COVID-19 disease.

Hate Crime Victimization Data in Pennsylvania: A Useful Complement to the Uniform Crime Reports

2018 ◽  
Vol 33 (2) ◽  
pp. 330-350 ◽  
Author(s):  
R. Barry Ruback ◽  
Andrew S. Gladfelter ◽  
Brendan Lantz
Keyword(s):  
Rural Areas ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Crime Rates ◽  
The State ◽  
State Agency ◽  
Crime Victimization ◽  
Uniform Crime Reports ◽  
Crime Reports

Data on the incidence and prevalence of hate crimes in the United States come primarily from the Uniform Crime Reports (UCR). Although UCR data undercount most crimes, hate crimes are particularly underreported, especially for some groups. We compare 2000–2011 UCR data in Pennsylvania to data from a state agency that came from police, media, and citizen reports. First, we find that the state-agency database is generally consistent with the UCR data, in terms of absolute counts, correlations, and predictors. Second, we find that UCR data underestimate hate crime rates by a factor of about 1.6 overall and by a factor of 2.5 for rural areas. Moreover, although UCR data on hate crimes show a decrease in the most recent 5-year period, the state agency data show that hate crime incident counts have not dropped. We suggest that using a broader index that includes both the UCR and a database like that in Pennsylvania will give a more complete picture of hate crime.

scholarly journals Police service in the civil service system: foreign experience of some democratic states

2020 ◽  
Vol 4 (4) ◽  
pp. 29-34
Author(s):  
Andriy Ivanytsya
Keyword(s):  
Police Officers ◽  
Civil Service ◽  
Service System ◽  
Service Selection ◽  
General System ◽  
The State ◽  
Civil Servants ◽  
The European Union ◽  
Organizational Models ◽  
The Republic

he study analyzes the experience of advanced democracies, as well as some postSoviet states that have implemented successful reforms and joined the European Union, on models for building a civil service system and the division of civil servants into categories, types and groups. It is noted that the civil service is classified according to various criteria, in accordance with the division by branches of government service is allocated in the legislative, executive, judicial branches, there is a division into civil, specialized and militarized civil service (the latter include police). It is emphasized that the specifics of the civil service system and, accordingly, the place of service in the police were influenced by a number of factors, namely the historical development of the state, the legal system, the form of the state. In accordance with such traditions, there are three groups of models of foreign civil service: organizational models with a division into centralized and decentralized, a model of openness with a division into career, job or open, Anglo-Saxon and continental (from the standpoint of Western civilization). It is also outlined that due to traditions in the world, the terms "civil service", "public service", "civil service" are interpreted differently. Specific examples of division into different categories of civil servants and the place among such division in France, Germany, Hungary are considered. Particular attention is paid to the legislation of the Republic of Lithuania, which regulates civil service and the place of service in the police in the general system. It is noted that police officers are statutory civil servants who are subject to special legislation determining the specifics of service, selection and dismissal, their system of ranks, etc., and who are not covered by the Law "On Civil Service" of the Republic of Lithuania.

scholarly journals "Dip me in chocolate and throw me to the lesbians": Homophobic hate crimes, the state and civil society

2016 ◽  
Author(s):  
Kerry Williams
Keyword(s):  
Civil Society ◽  
Hate Crime ◽  
Hate Crimes ◽  
The State ◽  
Criminal Case ◽  
Gays And Lesbians ◽  
Harmful Effects

This article describes some of the shortcomings in the prosecution of a homophobic hate crime as well as a non-governmental organisation’s attempt to influence the sentencing of the perpetrators. The fact that an NGO believed it was necessary to intervene in a criminal case, was allowed to lead evidence, demonstrated the harmful effects of homophobic hate crimes and made arguments that these effects should be used in aggravation of sentence, suggests that NGOs may take on a new proactive roll in the prosecution of crimes involving some forms of prejudice. The NGO was unsuccessful in that the magistrate ultimately passed a lenient sentence, in the form of correctional supervision. The sentence included a condition that the perpetrators participate in ‘awareness programmes of gays and lesbians’, conducted by civil society rather than the state. In so doing, the court missed an opportunity to respect, protect, promote and fulfil the rights of gays and lesbians.

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC

2019 ◽  
Vol 7 ◽  
pp. 68-77
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Criminal Law ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Criminal Code ◽  
The European Union ◽  
Protective Measures ◽  
Legal Entity ◽  
The Republic ◽  
To Receive ◽  
Legal Entities

The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.

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