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Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

Key Area:
Anti-racist Crime Legislation & Implementation
12/01/2012 - 22:21
Short Answer

Yes, Slovenian Criminal Code includes provisions against association and incitement to genocide, crimes against humanity or aggression.

Qualitative Info

In Article 105 Slovenian Criminal Code specifically criminalizes establishment of criminal organisations to commit criminal offences under Articles 100 to 103 (Genocide, Crimes against humanity, War Crimes, Aggression) of the Criminal Code which is punishable by imprisonment between one and ten years.
Second paragraph of Article 105 prescribes the sentence of imprisonment between six months and five years for any person who becomes a member of such organisation.
Article 105 also provides a possibility of a lower sentence (up to three years) for whoever establishes or becomes a member of such criminal organisation but prevents the committing of criminal offences under Articles 100 to 103 or declares the offence in due time. In such cases the sentence may also be remitted.

The Criminal Code also contains a general provision regarding criminal offences committed within a criminal organisation. In accordance with Article 41 a severer sentence may be prescribed for an intentional criminal offence with a prescribed sentence of more than three years of imprisonment if the criminal offence was committed within a criminal organisation. Since this article only applies to criminal offences with prescribed sentence of more than three years, most of the criminal offences regarding hate crimes do not fall under its provisions, since prescribed sentences are lower (Violation of Right to Equality; Public Incitement to Hatred, Violence or Intolerance; Workplace Mobbing).  As mentioned above, establishing criminal organisations to commit criminal offences against humanity is specifically criminalized in Article 105 of the Criminal Code.


Groups affected/interested Majority
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism
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