THE PROBLEM OF REGULATING SOCIAL GROUPS IN THE CONTEXT OF HATE-MOTIVATED CRIMINAL ACTS
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Abstract
This article analyzes the concept of a social group protected from hate speech and hate crimes. The research discusses changes in international regulation and their influence on the national establishment of the relevant criminal acts in the Criminal Code of the Republic of Lithuania. The aim is to answer the following question: On what grounds should the social groups that should be most strongly protected in the context of hate-motivated criminal acts be distinguished, and what scope of discretionary freedom to decide this issue should be given to courts of general competence? The author seeks not only to compare the legal regulation in Lithuania with that established in other European Union countries, but also to provide the most suitable option for a legal regulation that would ensure the broad protection of the rights of social groups that may suffer from discrimination and prejudice or become the victims of hate-motivated attacks. Lithuanian and international legal acts, the relevant legal doctrine, and court practice are analyzed in the article.
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