Incitement to hatred, violence or discrimination is a legal concept that plays a crucial role in protecting the democratic rule of law and social cohesion. Article 137d of the Criminal Code is designed to prevent public statements and conduct from contributing to a climate of hostility and division. This article was originally introduced to regulate the space for politicians in public debate, with the intention of ensuring that their utterances do not lead to harmful social consequences. In 2014, however, the Supreme Court clarified the scope of this article, emphasizing that politicians are responsible for avoiding statements that violate the basic principles of democracy (ECLI:NL:HR:2014:3583).
According to the law, a statement that incites hatred must have a significant force multiplier effect on this extreme emotion of hostility. Although "discrimination" does not have the same emotional charge, this form of incitement is also criminalized, especially if it leads to actual disadvantage of individuals. The requirement of publicity in article 137d Sr underscores the importance of the public nature of utterances. The Supreme Court has repeatedly confirmed that not only direct incitement to hatred, violence or discrimination is punishable, but also statements that contribute to intolerance.
What does the article of law say regarding incitement to hatred, violence or discrimination?
The article of law criminalizing incitement to hatred, violence or discrimination, Article 137d of the Penal Code, reads as follows:
'1 He who in public, orally or by writing or picture, incites hatred against or discrimination against people or violent action against person or property of people on account of their race, religion or belief, sex, heterosexual or homosexual orientation or physical, mental or intellectual disability, shall be punished with imprisonment for a term not exceeding one year or a fine of the third category.
2. If the offense is committed by a person who makes it a profession or habit or by two or more united persons, imprisonment for not more than two years or a fine of the fourth category shall be imposed.
What punishments can be applied at Incitement to hatred, violence or discrimination be imposed?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for incitement to hatred, violence or discrimination is three months. However, the maximum prison sentence is by no means always imposed.
A lawyer from Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a case of suspected incitement to hatred, violence or discrimination. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a defendant has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten may present circumstances why a low(er) sentence should follow.
Is an attempt to Incitement to hatred, violence or discrimination punishable?
Attempting this crime is not punishable.
Exoneration for incitement to hatred, violence or discrimination?
With regularity, suspects are acquitted of this crime. An example is shown below.
The Amsterdam court acquitted defendant of the charge of inciting hatred and violence because article 137d Sr is not applicable to discrimination against one individual person, but only groups. However, defendant was found guilty of the subsidiary charge of insult by posting a racist tweet about Sylvana Simons, which the court considered a serious attack on her honor and good name. The court imposed a fine of €250 on the defendant, with substitute custody of five days for non-payment. The ruling emphasized that freedom of expression is not a license for insult and discrimination.
Need a lawyer for inciting hatred, violence or discrimination?
The attorneys at Kötter, L'Homme & Plasman Lawyers are experienced criminal law specialists and can assist you when you are suspected of inciting hatred, violence or discrimination. Our attorneys will discuss the criminal case with you and work with you to determine a strategy to achieve your desired success. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you need to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
