Incitement to violence, hatred or discrimination

Legal defence in cases of incitement to violence, hatred or discrimination

Incitement to violence, hatred or discrimination (Article 369 of the Criminal Code) concerns inciting the public against a category or a person because of their membership of a category defined by the statutory criteria. The penalty is 6 months–3 years or a fine. The criteria include race, nationality, ethnicity, language, religion, gender, sexual orientation, political opinion or affiliation, wealth, social origin, age, disability, non-contagious chronic illness and HIV/AIDS. The current provision does not require a theory of inferiority. Criticism and incitement must be distinguished by their content and context.

Distinguishing opinion from incitement, subjective elements and defence strategies

We examine the incitement of the public and its connection with a criterion provided by law. An offensive statement does not automatically constitute this offence, but the current provision does not require the perpetrator to regard the category as inferior. The content, audience and context must be analysed in full.
The lawyer may invoke freedom of expression within the legal limits and challenge interpretations taken out of context. Absence of social danger is not an independent ground for acquittal under the current Code; favourable outcomes must be supported by the constituent elements, evidence and provisions actually applicable.

Urgent legal assistance in Focșani and Vrancea county

Heated online discussions, polemical press articles or public protests can readily be classified by specialist associations or authorities as acts of incitement to hatred, leading to criminal proceedings that can seriously affect public reputation and professional careers. Basuc Cosmin Law Office in Focșani offers you urgent legal representation and a comprehensive analysis of your case. We actively assist you at interviews before the police and prosecutors’ offices in Vrancea County, rebut allegations based on out-of-context interpretations of your texts or statements and provide a dynamic and firm defence before Focșani District Court, fighting to protect the constitutional right to freedom of expression and to secure a favourable outcome.