| Abstract [eng] |
Hate crimes, the investigation and prevention of hate crimes are evaluated as important priorities for Lithuania and society of Lithuania, institutions acting in human rights sphere and international image of Lithuania. According to this, the object of this research is regulation of hate speech crimes in Criminal law of Republic of Lithuania. The research was carried out with a logical analysis, theological, systematic, historical, linguistic (grammatical) and other methods. The relevant European Court of Human Rights, the International Criminal Tribunal for Rwanda, the Nuremberg War Crimes Tribunal and the Human Rights Commission case law on hate speech law criminalization issues was analysed. Research deals with issues of the menace and uniqueness of hate speech crimes because the equality that is the main object of the crime and the collision with freedom of expression. The specific features of the corpus delicti are analyzed. The main essential features of the specific corpus delicti are identified: appropriate, targeted and specific motivation and aim based on discrimination (in general, the extended sense), intolerance or hatred; the special victim that belongs to a certain social group, united by common features, and the way hate speech crime is made - violating the limits of freedom of expression. Two separate articles containing hate speech activities, their corpus delicti are examined: Article 170 of the Criminal Code of Republic of Lithuania - Incitement against any nation, race, ethnic, religious or other group of people, and Article 170(2) of the Criminal Code of Republic of Lithuania - Public acceptance of international crimes, the Soviet Union or Nazi Germany's crimes against the Republic of Lithuania or its people, the denial or gross trivialisation. The main problems of the legal regulation are also excluded. Research raises problem of delimitation of hate speech crimes and freedom of expression, possible criterions for delimitation is being sought; meaning of the criterions is explained. Such criterions for delimitation between hate speech and freedom of expression are identified: aim, context, content and consequences of hate speech. |
