SESSION 10. Hate crimes and crimes against the administration of justice

HATE CRIMES AND CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Overview

• Criminal Law II: Session 10

• Discussion on hate crimes and crimes against administration of justice.

GENERAL CONCEPT

• Defined by national legislation; exact elements of the offence vary.

• Bias Motivation:

  • Prejudice towards victim based on characteristics of shared group identity.

  • Key characteristics include race, language, religion, ethnicity, nationality, gender, etc.

• A hate crime is defined as:

  • Prohibited under criminal law (base offence).

  • Motivated by prejudice related to a specific characteristic of the victim (bias motivation).

MAIN ELEMENTS OF HATE CRIMES

• Hostility:

  • Can be demonstrated at, before, or after the offence.

  • Offender may presume victim to be part of a hated group.

• Victim Membership:

  • Includes individuals associating with members of the hated group.

COMPARATIVE LAW

• Transforming an ordinary crime into a hate crime involves perpetrator's selection of a victim based on bias or prejudice towards their group.

• Terms like "bias-motivated crimes" and "discriminatory crimes" are used interchangeably.

• Legalities vary:

  • Some laws focus solely on bias motives.

  • Others penalize selection based solely on group characteristics without regard to emotional state.

  • Critics argue that punishing inner motives conflicts with freedom of speech.

HATE SPEECH

Council of Europe Recommendation

• Hate speech encompasses expressions that:

  • Propagate, incite or justify hatred based on race, xenophobia, anti-Semitism, etc.

  • Include aggressive nationalism and ethnocentrism.

European Court of Human Rights

• Prison sentences imposed for offences within political debate may align with freedom of expression under specific circumstances if they incite violence or are classified as hate speech.

SPAIN: HATE SPEECH

Strawberry Case Judgment

• Cannot prohibit hatred; punishing citizenship for mere hate is against democratic pluralism.

• Intent of hate speech posts may not be protected under freedom of expression.

Legal Consequences in Spain

1. Punishment for Hate Speech:

   • Imprisonment (1-4 years) and fines for inciting hatred, hostility, or discrimination based on group identity.

UK: Crime and Disorder Act

Racially or Religiously Aggravated Offence

• Hostility based on victim’s racial/religious group membership must be shown at the time of offence.

• Offender's motive may include combinations of hostilities.

Definition of Race

• Includes color, nationality, ethnic or national origins.

• Courts are flexible, accepting broad definitions of racial identity.

CASE STUDY: R v Rogers (2007)

Context

• Incident involving a man using racially charged language towards women.

Hostility Evidence

• Hostility can be shown through various expressions, not limited to specific words.

• Language and conduct signaling racial bias can constitute aggravated offences.

SPAIN: AGGRAVATING CIRCUMSTANCES

• Various characteristic motives of discrimination can add to crime severity (e.g., racism, ideology, gender).

CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

Core Concept

• Justice system integrity; avoiding fraudulent practices and private justice.

Types of Crimes Listed

1. Judicial Prevarication

   • Involves unfair resolutions and denial of justice.

2. Omission of Duties

   • Failing to prevent or promote persecution of serious crimes.

3. False Accusation and Complaint

   • Making false claims against individuals.

4. Simulation of a Crime

   • Pretending to be a victim or initiator of a nonexistent crime.

5. Perjury

   • Lying or distorting truth in legal settings.

6. Obstruction of Justice

   • Intimidation, non-appearance in trials, damaging judicial actions.

Subjective/Nature of Crimes

• Emphasis on malicious intent, accountability of legal officials, and the distinction between motive and conduct.