Criminal offence
Hate speech is a criminal offence which can be lawfully prevented or punished by the state. The Lithuanian criminal law allows for the sanctioning of hate speech by fine, arrest or imprisonment if the speech was public and delivered with intent to degrade, incite discrimination, hatred or violence.
In criminal cases involving hate speech, it is not only the authors who can be found guilty. You may also be liable for the mere dissemination of hate speech if you endorse the message. For example, when offering a platform by publishing or broadcasting the message.
Read more about the right to a fair trial in criminal proceedings.
Elements of hate speech in hate crimes
Elements of hate speech can sometimes be noticed before, during or after the commitment of a hate crime and the state has an obligation to include such elements in the investigation.
In Lithuania, the Criminal Code establishes that any crime committed with a biased motive towards an individual or a group due to the victim’s age, gender, sexual orientation, disability, race, nationality, language, origins, social situation, religion or beliefs is considered to have aggravating circumstances. This means that hate speech can, in some cases, help to establish that a crime should be considered to be a hate crime or that aggravating circumstances existed.
example If witnesses say that they heard the perpetrator shouting homophobic slurs before attacking a gay couple, this should be considered during the investigation and further actions.
Read more about hate crimes and the differences between hate crimes and hate speech.