Incitement to Religious Hatred Defense in Georgia | Legal.ge

IncitementtoReligiousHatred

Is criticizing religion considered a crime in Georgia?

No, criticism of religion is protected by freedom of speech. It becomes a crime only if it incites violence and creates an imminent danger.

Can I be prosecuted for a Facebook post?

Yes, if the post is public and contains a direct call to violence against a religious group that poses a real threat. Law enforcement assesses the reach and context.

What is the penalty for inciting religious hatred?

Under Article 239¹ of the Criminal Code, penalties range from fines and community service to imprisonment for up to three years.

Do I need a lawyer for questioning?

Absolutely. The line between free speech and hate crime is thin. A lawyer ensures your words aren''t misinterpreted during police interrogation.

Introduction: Freedom of Speech vs. Criminal Liability
Incitement to religious hatred and the use of hate speech is one of the most complex issues in modern law, as it treads the fine line between freedom of speech and public safety. In Georgia, freedom of expression is guaranteed by the Constitution, but this right is not absolute. When a public call aims at violent actions based on religious grounds, criminal liability arises. This service involves legal defense for individuals accused of inciting religious hatred, as well as representation for victims who have suffered as a result of such calls. The involvement of a qualified lawyer is essential to accurately distinguish the expression of critical opinion from punishable acts and to protect fundamental human rights.

What Does This Service Cover?
Working on cases of inciting religious hatred requires deep knowledge not only of criminal law but also of human rights law. The service includes:

Legal Assessment of the Act: The lawyer analyzes whether the person''s statement or action contains signs of a crime or falls within the scope of freedom of expression.
Provision of Linguistic Expertise: Organizing expertise of disputed statements to determine if there was a real call to violence ("clear and present danger").
Defense During Prosecution: Protecting the accused''s interests during the investigation and in court, presenting evidence to prove that there was no intent to incite hatred.
Application of Constitutional and International Standards: Using precedents from the Constitutional Court of Georgia and the European Court of Human Rights (ECtHR) in the defense strategy.
Victim Representation: If a person has become a target of persecution on religious grounds, the lawyer ensures the protection of their rights and claims for damages.

Common Situations and Scenarios
Charges of inciting religious hatred can arise in various contexts:

Social Media and Internet: Public posts or comments containing aggressive vocabulary towards a specific religious group and calling for physical retaliation.
Public Speeches: Sermons or speeches by religious leaders or public figures that may be perceived as encouraging violence.
Distribution of Literature: Printing or distributing materials aimed at provoking conflict on religious grounds.
Desecration of Religious Symbols: Actions aimed at publicly defiling sacred objects to provoke conflict.

Georgian Legal Framework
In Georgia, this issue is regulated by the "Criminal Code of Georgia", specifically Article 239¹ (Incitement to discord on religious, national, ethnic, racial, social, political or other grounds). It is important to note that criminal liability arises only if the act creates an "obvious, direct, and substantial threat of violent action." Also relevant are the "Constitution of Georgia" (Article 17 - Freedom of opinion, information, and mass media) and the "Law on Freedom of Speech and Expression". The standard for prosecution is high to protect free speech, requiring proof of imminent danger.

Step-by-Step Process
1. Initiation of Investigation: Law enforcement agencies start an investigation based on public information or a report.
2. Linguistic Expertise: Experts are appointed to analyze the content of the statements.
3. Indictment: If it is established that there was a real threat of violence, the person is charged.
4. Court Hearing: Parties present arguments. The defense often appeals to freedom of expression standards.
5. Verdict: The court makes a decision, which can be appealed to higher instances.

Why Choose a Specialist on Legal.ge?
Cases of inciting religious hatred require specific competence combining criminal and constitutional law. Lawyers listed on Legal.ge possess experience in disputes related to hate speech and are familiar with the practice of the Strasbourg Court. They will help you protect your rights and avoid baseless accusations. Find your defender on Legal.ge.