FEATURES OF THE APPLICATION OF CRIMINAL RESPONSIBILITY FOR HATE CRIMES AND INCENTIVES OF HATE
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https://orcid.org/0009-0008-4370-2244
Giedrė Paurienė
https://orcid.org/0000-0003-2902-2855
Santrauka
The article will focus on the analysis of case law on homophobic and transphobic hate crimes and hate speech. In order to more widely reveal the concepts of incitement to hatred and hate crimes, their regulation and the issue of applying criminal liability, it is important to analyze the legal regulation and court practice of these acts. The research problem lies in the practical difficulties encountered in qualifying homophobic and transphobic hate crimes and applying criminal liability for them. The relevance of the topic is based on the need to more thoroughly discuss the legal aspects of homophobic and transphobic hate crimes and their motivating factors. It is observed that insufficient judicial practice in analyzing homophobic and transphobic hate crimes can lead to a complex qualification and investigation of these criminal acts. Research object: The application of criminal liability for hate crimes and the issues of incitement in the practice of Lithuanian courts. Research goal: To reveal the legal aspects of homophobic and transphobic hate crimes and their motivating factors. Research objectives:1) Discuss the problems and causes of applying criminal liability for hate speech inciting hatred;2) Reveal the problems and causes of applying criminal liability for hate crimes. Research methods: The method of scientific literature analysis, the method of legal acts analysis, systematization, and summarization. The complex classification of criminal acts motivated by homophobia and transphobia and the low number of cases of this nature lead to inadequate analysis of the application and explanation of hate crimes in legal regulation. One of the main challenges for law enforcement institutions facing crimes motivated by homophobia and transphobia is the proper classification of these criminal acts and the identification of the motive of hatred. Regarding criminal acts motivated by homophobia and transphobia, Lithuania's judicial practice is not extensive, leading to problems in revealing the content of all hate crimes as individual criminal acts and elucidating them.
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Šis kūrinys yra platinamas pagal Kūrybinių bendrijų Priskyrimas 4.0 tarptautinę licenciją.
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