Publication details

„Pravé“ verbální trestné činy z nenávisti

Title in English “Genuine” Verbal Hate Crimes


Year of publication 2020
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Keywords Hate Crimes; Verbal Crimes; Hateful Discriminatory Motive; Hate Speech; Bias-Based Hatred.
Description This article deals with the problem of criminalizing hateful expressions (hate speech) regarding the legal construction of corresponding crimes in matter of substantive criminal law. Its aim is to delimit a comprehensive conception of these crimes based on two their traits which makes them quite specific from substantive criminal law’s doctrine – their verbal character and their element of biased hatred, which they contain. This conception is a necessary step to getting at the bottom of their legal nature and thus also a prerequisite to their more in-depth analysis and understanding. At first, it tackles the term of hate crimes, where it stresses out the so-called hateful discriminatory motive as a cardinal distinguishing element, which expresses its foundation. Then it pays a closer attention to this motive and defining its structure and elements, introducing possible approaches to its construction and bringing the terms used in it intocontext for a better understanding of their contents and identifying its weaknesses. After that, the article turns to the construction of verbal crimes and to analysis of their constitutive traits as well as theoretical perspective embedding this notion into theory of criminal law. Based on the outcomes of these two parts, the article finally introduces the concept of hate crimes and verbal crimes and their combination, which enables differentiating between ingenuine hate crimes, which are ingenuine verbal crimes; ingenuine hate crimes which are genuine verbal crimes; genuine hate crimes, which are ingenuine verbal crimes and genuine hate crimes, which are genuine verbal crimes. Outcomes of these findings are then tested in an illustrative comparison with law of three selected states – France, Germany and Poland.
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