Chapter II
Fundamental Rights, Freedoms and Duties
§ 12.
Incitement to ethnic, racial, religious or political hatred, violence or discrimination is prohibited and punishable by law. Incitement to hatred and violence between social classes or to discrimination against a social class is also prohibited and punishable by law.
Part 2 SPECIAL PART
Chapter 10 OFFENCES AGAINST POLITICAL AND CIVIL RIGHTS
Division 1 Offences against Equality
§ 151. Incitement of hatred
(1) Activities which publicly incite to hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status if this results in danger to the life, health or property of a person is punishable by a fine of up to three hundred fine units or by detention.
(2) The same act if:
1)it causes the death of a person or results in damage to health or other serious consequences; or
2)committed by a person who has previously been punished by such act; or
3)
is punishable by a pecuniary punishment or up to three years’ imprisonment.
(3) An act provided for in subsection (1) of this section, if committed by a legal person, is punishable by a fine of up to 3200 euros.
(4) An act provided for in subsection (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
2. For the purpose of paragraph 1:
(g) ‘Persecution’ means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;