Incitement to Hatred. Comparative Analysis of Legislative Consolidation and Practical Application

Abstract A very common rule in the criminal law of various countries is the liability for inciting hatred towards groups of people united by race, nationality, language, religion, political views, social status, or gender. Law enforcement officers often encounter difficulties in qualifying these acts. Incorrect application of criminal law may entail not only the violation of the rights of the accused but also damage to public debate. At the same time, failure to apply criminal law when necessary threatens the rights and legitimate interests of representatives of various social groups. The research questions are how legislators in Lithuania, Poland, France and Germany establish criminal liability for incitement to hatred, how the provisions of the law are implemented in practice. The aim of the work is to enrich the scientific base on this issue and formulate recommendations for law enforcement officers and legislators. The main research methods are the formal-legal and comparative-legal methods. In conclusion, it can be highlighted that there are significant differences in the definition and application of the concept of “incitement to hatred” across jurisdictions and judicial bodies, which leads to conflicting judicial decisions and unresolved questions for law enforcement regarding protected groups and the distinction between incitement and legitimate criticism.