Crimes Motivated by Hate, Differentiation and Religious Discussion in Compared Criminal Law (Romania and the Republic of Moldova)

• Author: Aurel Octavian Pasat
• Profession: Bogdan Petriceicu Hasdeu' State University, Faculty of Law; Republic of Moldova, 'Dunarea de Jos' University, Cross-border Faculty, Galaji, Romania
• Pages: 136-148

Crimes Motivated by Hate, Differentiation and Religious Discussion

in Compared Criminal Law (Romania and the Republic of Moldova)

Associate professor Aurel Octavian PASAT

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Abstract

This scientific article is devoted to th e legal -criminal analysis of offenses moti-

vated by hatred, differentiation and religious division in criminal law compared to the

model of the criminal law of Romania and of the Republic of Moldova. The purpose of

this study is to identify and analyze crimes motivated by hatred, differentiation and reli-

gious separation in the criminal law of Romania and the Republic of Moldova. Following

the study undertaken, certain legislative gaps were identified that can be easily overcome

by reviewing the incriminating framework of offenses motivated by hatred, differentiation

and religious division. The conclusions of the broad law and the recomme ndations de

lege ferenda created under the empire o f the latest legislative tendencies at European

level can be taken into account in the legislative process.

Keywords: religious freedom; religious belief; the right to religious belief; crime

motivated by religious hatred; religious differentiation; religious separation; religious

discord; religious propaganda.

JEL Classification: K10, K14

1. Introductory considerations

Pursuant to the EU Guidelines on the promotion and protection of freedom

of religion or belief, Brussels, June 24, 2013

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, all persons have the right to express

their religion or belief, either individually or with others, both in public and in

public. in private, through worship, performing rites, practices and teaching,

without fear of intimidation, discrimination, violence or attacks. Persons who

change or renounce their religion or belief, as well as those who are adept at non-

theistic or atheistic beliefs, should equally be protected, as well as those who do

not profess a religion or belief.

In the spirit of this international document, the terms "belief" and "religion"

should be interpreted broadly, and the application of Article 9 of the Convention

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Aurel Octavian Pasat - “Bogdan Petriceicu Hașdeu” State University, Faculty of Law; Republic

of Moldova, “Dunarea de Jos” University, Cross-border Faculty, Galați, Romania, octa-

vian_passat@yahoo.com.

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EU guidelines on the promotion and protection of freedom of religion or belief, Brussels, 24 June

2013 (25.06), 10963/13 COHOM 117 COPS 231 CFSP 698 FREMP 83, http://data. consilium.eu-

ropa.eu/doc/document/ST-11491-2013-INIT/ro/pdf, consulted on 10.10.2019.