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RELIGION ANO CRIMINAL LAW RELIGION ET DROIT PÉNAL RELIGION AND CRIMINAL LAW RELIGION ET DROIT PENAL" Edited by MATTI KOTIRANTA NORMAN DoE PEETERS LEUVEN- PARIS - WALPOLE, MA 2013 En hommage a Alexis Pauly Pour sa jidélité aux travaux du consortium A catalogue record for this book is available from the Library of Congress. © 2013 Uitgeverij Peeters, Bondgenotenlaan 153, B-3000 Leuven' (Belgium) D/2013/0602/21 ISBN 978-90-429-2501-4 All rights reserved. Except in those cases expressly determined by law, no part of this publication may be multiplied, saved in an automated data file or made public in any way whatsoever without the express prior written consent of the publishers. CONTENTS Preface............................................................................................... 1 MAm KOTIRANTA The relation between religion and criminallaw as a topic of discussion throughout Europe: an introduction to the national reports .......... ........................ .... ..... .. .. ........... .......... 3 RicHARD POTZ AND BRioiTTB ScHINKELE- Religion and Criminal Law in Austria.................................................................................. 13 EvA BREMS Religion in Belgian Criminal Law............................. 21 HRISTO P. BEROV - Religion and Criminal Law in Bulgaria ........... 27 A~LES C. EMILIANIDES Religion in the Criminal Law in Cyprus 35 ZABoJ HoRAK AND JIIU RAJMUND TRETERA- Religion and Criminal Law: The Czech Republic ....................................................... 41 LISBET CHRISTOFFERSEN- Religion in Criminal Law: Denmark ...... 49 MERILIN K!VIORO - Religion and Criminal Law in Estonia.............. 55 KIMMO NuoTIO - Religion in the Criminal Law of Finland............. 63 lsABELLE RIASSETTO- Religion et Droit Pénal en France................. 75 RicHARD PuzA Religion in Criminal Law: Germany .................... 97 CoNSTANTL~os G. PAPAGEORmou The Special Treatment of Reli- gions in the Context of Greek Penal Law ................................ 115 BALÁZS ScHANDA- Religíon in Criminal Law: Hungary ................ 121 PAuL CoLTON- Religion in Criminal Law in Ireland ...................... 129 ENRico VITALI- Religion et Droit Pénal en Italie............................ 155 RINooLos BALoms Legal Protection of Religion in the Republic of Latvia.................................................................................... 163 ANDRIUS SPRINDZIUNAS - Religion and Criminal Law in Lithuania 177 ALEXIS PAULY (t) ET FRANt;::ois MovsE Religion et Droit Pénal- Luxembourg.. ........ .................... ...... .. .. .......... .......... .. .. .. .... .... ..... 189 VIII CONTENTS SoPHIE VAN BnsTERVELD - Religion and Criminal Law in the Netherlands ....................................................................................... 199 MICHAL RYNKOWSKI- Religion and Criminal Law: Poland ............ 205 PREFACE JosÉ DE SousA E BruTo- Religion and Criminal Law in Portugal.. 215 ANm BoGDAN - Religion and Criminal Law in Romanía................ 225 The 20th annual conference of the European Consortium for Church and State Research took place at the Church Training College in the MATÚS NEMEc - Religion and Criminal Law in the Slovak Republic 233 famous culturallandscape of Lake Tuusulanjarvi at Hirvenpaa, Finland, AGUSTÍN MoTILLA - Religion in Spanish Criminal Law . .. .. .. ... ..... 241 on 2-5 October 2008. The theme for the meeting was 'Religion and Criminal Law'. LARS FRIEDNER- Religion in Criminal Law: Sweden ..................... 255 The conference was organized and prepared on behalf of the Consor­ NoRMAN DoE, RussELL SANDBERG AND FRANK CRANMER- Religion tium by Professor Matti Kotiranta, University of Joensuu. The conference and Criminal Law in the United Kingdom............................... 261 papers, reproduced in this volume of proceedings, were prepared and circulated in advance, and the delegates consisted of both Consortium members and the national reporters. The conference was attended by forty-two people representing the countries of the European Union. The opening ceremony included speeches by Rt. Rev. Matti Repo, Bishop of Tampere, representing the Evangelical-Lutheran Church of Finland, Mr. Joni Hiitola, representing the Finnish Ministry of Education, and Professor Sophie van Bijsterveld, President of the European Consor­ tium for Church and State Research in 2008. Professor van Bijsterveld addressed the topic of religion in criminal law from the perspective of intemational human rights documents and the principie of freedom of expression. As she put it: "lt seems that there is a new element in the intemational dimension. Fundamental choices on the balance between freedom of expression and religion, made on the basis of a national understanding, can trigger consequences on a worldwide scale, as the 'Danish cartoons' showed in spring 2006. What does this mean for the way we deal with religion and freedom of expression at the national level? Has an implicit hierarchy of rights emerged that is now being challenged? What concept of pluralism do we embrace? And what sort of society do we envisage as a consequence? What role is there for criminallaw? Is criminallaw meant to be effective, symbolic, or does it fulfil other functions? What does all this mean for the way the state, the law, or criminal law in particular, deals with or protects religion as a whole?" The first session, chaired by Professor Mark Hill, dealt with the penal protection of religion. On the basis of the wealth of information con­ tained in the extensive national reports, the discussion considered the legal framework (e.g. the degree to which religion is govemed by the 2 MATTI KOTIRANTA criminallaws of the conntries of Europe), the social reality (e.g. whether religion at the present time has a function in criminal law, or to what extent criminallaw coverage is favourable or hostile to religion), and the MATTI KOTIRAl"lTA dynamics (e.g. current or likely future developments) at work in the conntries of Europe. The second session, chaired by Professor Silvio THE RELATION BETWEEN RELIGION AND CRIMINAL LAW AS Ferrari, considered criminal offences committed in the name of religion, A TOPIC OF DISCUSSION THROUGHOUT EUROPE: an area which has experienced very different approaches across Europe. AN INTRODUCTION TO THE NATIONAL REPORTS The final session, chaired by Church Counsellor Lars Friedner, dealt with criminal law and sects. Here one can mention that criminal law may configure special offences out of behaviour considered typical of sorne Although there has been a desire in modero Europe to keep legislation sectarian religious movements (e. g. malicious abuse of ignorance or on freedom of religion outside the domain of the criminallaw, the mul­ weakness). In addition to this, questions might be asked about what ticultural character of the society in which we live has raised once again, offences are linked to the sectarian milieu. What are the material and and in a new form, the issue of whether particular protection should be psychological elements of each offence and its punishment? granted for religious feelings. 1 wísh to thank all those who have made contributions to this volume The stimulus for this discussion has arisen from the conflict in priorities and to the meeting of the Consortium: members, reporters and invited between the principies of freedom of expression and freedom of religious guests. 1 would also thank most cordially all those who helped organise conviction brought about by the multiculturalism, and most especially the this conference: the sponsor for the event, the Evangelical-Lutherari presence of Islam. The discussion flared up in 2006 in response to the Church of Finland, without which the conference would not have been extensive debate within Europe over the cartoons of the Prophet Moham­ possible, and most especially Mr. Risto Junttila, secretary-general to med, which concemed freedom of expression and freedom of religion as the Church Council, and his secretary, Mrs. Tuija Korva, who both specifically European values, and which even elicited a statement from the helped in organising the meeting in JarvenpiHi. Special thanks also go to chairman of the European Commission, José Manuel Barroso. 1 Ms. Sirpa Koski of the Fínland Travel Bureau for making the flight arrangements, to Ms. Kati Valiaho, marketing secretary of the Church Training College at Jarvenpaa, for the accommodation and other arrange­ t "The publication of cartoons in Danish and other European newspapers and the .reac­ ments, and to the vigorous stewards of the conference, Ms. Siiri Toiviainen tions to this have revealed sensitive and fundamental issues. The cartoons have aggneved many Muslims all over the world.... The Commission's concem is n~t with the p~ac~ful and Mr. Heikki Repo, both students of theology. response of the majority to the cartoons. lt is with the violent reacttons of. a ~onty. Finally, I am indebted to Professor Norman Doe for preparing this Reactions which have been disowned by many Muslims ... Our European soctety ts based volume of proceedings. It has been a great pleasure and privilege to work on respect for the individual person's life and freedom, equality of rights between men and women, freedom of speech, and a clear distinction between politics and religion ..our with him. I also thank Peeters, in Leuven, Belgium, for the publishing point of departure is that as human beings we are free, independent, equal and responstble. work. We must safeguard these principies. Freedom of speech is
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