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A group of parliamentarians representing the different groups has registered amendments to the Codes of Administrative and Criminal Offenses for this purpose.
Taking into account the recommendations of international organizations and the international obligations of Lithuania, they propose to complement some articles of the Penal Code including the promotion of hatred based on gender identity, skin color, citizenship and ethnic origin as one of the characteristics of the crime.
It is proposed to include a new article in the Code of Administrative Offenses to combat administrative responsibility for harassment or contempt for nationality, race, sex, origin, religion or other group affiliation.
“Gender identity is understood as the perception of each person’s gender and the related (in) assignment of oneself to a particular gender. The inclusion of this characteristic would guarantee legal certainty, avoid a broad interpretation of the Penal Code, increase protect transgender people from hate speech, and reflect their position in official crime statistics, “the explanatory memorandum reads.
If the Seimas approved it, the administrative responsibility would apply to anyone who, in order to distribute, produce, acquire, send, transport, conserve things in which a group of people or a person belonging to them was ridiculed or despised , a person for reasons of age, sex, sexual orientation, gender identity, disability, race, color, nationality, language, origin, ethnic origin, social condition, religion, beliefs or opinions.
Such acts could result in fines of between 560 and 1,200 euros, repeated administrative offenses could result in fines of between 1,200 and 2,000 euros, and for heads of legal persons or other responsible persons of 1,100 to 3,000 euros.
It is also proposed that the police be responsible for investigating hate speech and drawing up minutes.
It is proposed to include public works as one of the sanctions for the promotion of hatred. The Penal Code proposes that “any person who, for distribution purposes, has produced, acquired, sent, transported, considered things that incite hatred or incite discrimination against a group of people or a person belonging to it by reason of age, gender, sexual orientation, gender identity, disability, race, color, nationality, nationality, language, origin, ethnic origin, social status, religion, belief or opinion, or incitement to violence, physical abuse or distribution, punishment for public works or fine or restriction, or arrest or imprisonment for up to one year. “
According to the project, “someone who publicly incites hatred or incites discrimination against a group of people or a person belonging to it for reasons of age, gender, sexual orientation, gender identity, disability, race, color, nationality, citizenship , language, origin, ethnic origin, social condition, religion or beliefs, punishable with community service or with a fine, or with deprivation of liberty, or with arrest, or with a prison sentence of no more than two years. “
It is also proposed to legalize that “any person who publicly incites violence to physically treat a group of people or belonging to it for reasons of age, sex, sexual orientation, gender identity, disability, race, color, nationality, citizenship, language, origin, ethnic origin, social condition, religion, belief or opinion, or the financing or other material support of such activities, which will be punished with a fine or deprivation of liberty, or with arrest or imprisonment for a term not exceeding three years “. A legal person would also be responsible for such acts.
Public works or a fine, or the restriction of freedom, or arrest, or imprisonment of up to one year would be punishable, according to the project, “anyone who forms an accomplice or a group or organized organization with the intention of discriminating against the identity, disability, race, color, nationality, citizenship, language, origin, ethnic origin, social status, religion, beliefs or beliefs supported such group or organization. “
By the way, it is proposed to transfer part of the acts of incitement to hatred (mockery and contempt) from the Penal Code to the Code of Administrative Offenses.
Since the wording “for the expression of hatred” used in the Penal Code does not fully reveal all the components of hate crimes, one of the main elements of which is hostility to belonging to a socially vulnerable group, it is proposed to complement the motive incitement to hatred by including “hostility”.
Members of the Seimas, Evelina Dobrovolska, Silva Lengvinienė, Tomas Vytautas Raskevičius, Ieva Pakarklytė, Monika Ošmianskienė, Morgana DANIELE, Gintautas Paluckas, Kasparas Adomaitis, Matas Maldeikis, Julius Griuskiendasas, Domas Maldeikis, Vuskalytautas, Domasavišišišišišišišišišišišišišišišišišišišišíšišišišišišišišišišišišišišišu Sysas.
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