Prosecutors Council Opposes SNS's Criminal Code Bill on Extremism

Bratislava, 16 January (TASR) – The Slovak Prosecutors Council doesn't agree with the draft amendment to the Criminal Code submitted by coalition lawmakers from the Slovak National Party (SNS) that proposes changes to penalty ranges for extremist crimes, TASR was told by Prosecutors Council chair Stanislav Jakubcik on Friday. The council warned of serious legal deficiencies that threaten the state's internal security, Slovakia's obligations towards the European Union and international organisations, and the ability of law-enforcement authorities to combat growing forms of extremism and radicalisation effectively. "The Prosecutors Council states that the proposed changes, especially the removal of the criminal offences of production (Section 422a), dissemination (Section 422b) and possession (Section 422c) of extremist materials, are in direct contradiction with the requirement of effectively protecting society from hate speech," warned Jakubcik. The council also sees criminological risks in the bill and a loss of the preventive function of law. It warned that by removing the criminalisation of production and possession of extremist materials, the state would abandon the punishment of perpetrators at initial, preparatory stages of radicalisation, when it is still possible to prevent more serious violent criminal activities. According to the Prosecutors Council, one practical consequence of adopting the bill would be an extreme complication in proving the perpetrator's intent. "Law-enforcement authorities will lose the ability to prosecute people who distribute hate propaganda unless it is possible to prove their direct links to specific extremist groups or a specific intention to incite violence," said Jakubcik. The Prosecutors Council concluded by stating that the submitted proposal isn't an expert revision of the Criminal Code but dangerous interference in mechanisms the protect democracy, which may lead to an increase in violence and intolerance in society. mf/df