Wilful damage to Quran can be considered hate crime – EU expert

[rug]

Framework Decision obliges EU states to ensure legal systems take racist motivation into account even in case of wilful damage to private or public property



Matthew Vella
2 August 2016, 9:41am

The desecration of places or worship such as mosques, synagogues or churches as well as – depending on the context – publicly displayed religious objects are both considered serious hate crimes in various EU member states.

But although Malta has revoked a law against the vilification of religion, a European policy expert has suggested that the intentional damage to copies of the Quran at Mater Dei Hospital could be penalised as a racist hate crime under the Maltese Criminal Code provision on wilful damage to public property (Article 325) coupled with the apparent racist motivation which courts are obliged to take into account (Article 83B of the Maltese Criminal Code).

The European anti-racism law and policy expert who spoke to MaltaToday referred to the EU’s Framework Decision on combating racism and xenophobia by means of criminal law whose implementation the EU Commission is currently monitoring in all Member States.

“The Framework Decision obliges EU states to penalise ‘the intentional public incitement to hatred or violence’, commonly known as ‘hate speech’, on a number of grounds including race, ethnic origin, nationality and religion. But it also obliges member states to ensure that their legal systems take racist motivation into account in the case of all other crimes – for example homicide, bodily harm but also wilful damage to private or public property.”

http://www.maltatoday.com.mt/news/national/68177/wilful_damage_to_quran_can_be_considered_hate_crime__eu_expert#.V6HAhbgrKM8

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3Al33178

http://www.independent.com.mt/articles/2016-07-30/local-news/Ministry-condemns-degradation-of-Koran-copies-at-Mater-Dei-Hospital-6736161723

[owack6]

1. How rediciolous

Should someone be arrested for spiting on a book?
Some of these people should really not be allowed in government because they don't understand what the job is about.

[rug]

2. There are two crimes at work.

The first is the damage to the property. Would you call the cops if someone damaged your books?

The second one is the incitement to violence or hatred against a cognizable group. Do you think that should be punishable?

The EU has much stricter statutes for the latter than the U.S. which follows the Brandenburg test.

https://www.law.cornell.edu/supremecourt/text/395/444

[MADem]

5. It's not "ridiculous" any more than burning a cross on someone's front lawn is "ridiculous."

Spitting on a copy of "Little Women" or "How to House Train Your New Puppy" doesn't have the same purpose, POV or intent that soiling the book of a particular religion does.

As for government--the EU can do as they like, not all governments do things the same way. The decent ones come to pretty much the same conclusions; there's a fine line between free speech and a hate crime.

Welcome to DU and enjoy your time here.

[Cartoonist]

3. I can see this

It's like the destruction of temples and statues.

I should be able to destroy my own copy of any book I choose.

[rug]

4. I agree with that example.