Romža, Sergej

Dual sanctioning of hate crimes and hate speech as part of extremism in the Slovak Republic: conceptual, legislative and practical issues / Sergej Romža, Simona Ferenčíková, Libor Klimek. -- Extremism poses a cross-border social problem, lacking a universally accepted definition. In principle, so-called hate crimes are specific types of criminal offences that cut across all types of extremism. We can even talk about their conceptual overlap. A special category of hate crimes is represented by so-called verbal attacks, known as hate speech, which are considered an abuse of freedom of expression from an international perspective as well as in jurisprudence of the European Court on Human Rights. As a result of such a perception, their criminal sanction comes into consideration. In accordance with the principle of subsidiarity of criminal law repression, another method of sanctioning hate crimes and hate speech is also possible, namely by administrative law. The existence of “multiple legal regulations” on extremism as delict caused a dual sanctioning system of extremism. It leads to application problems in legal practice, for example, an unclear understanding of offences from criminal and administrative perspectives or even the weak possibility of investigating such acts by State power. The main objective of the contribution is to point out the dual legal regulation (criminal and administrative) of the sanctioning of extremism, in particular its special category – hate crimes and hate speech.

In Access to justice in Eastern Europe : AJEE : peer-reviewed journal. -- Kyjev : Publishing House VD "Dakor", 2024. -- ISSN 2663-0575. -- ISSN 2663-0583. -- Vol. 7, no. 2 (2024), pp. 93-111