Hate crime legislation in Slovakia

Criminal Code of Slovakia, Act No. 300/2005, Effective 1 January 2006

(Unofficial translation) (emphasis added)

The latest relevant amendment included the protected characteristic of sex into Section 140 e) of the Criminal Code.

Section 140 – (Definitions) Specific Motivation Specific motivation shall mean that a criminal offence was committed
(...)
e) from hatred against certain group of persons or an individual because of their real or perceived affiliation to any race, nation, nationality, ethnic group; or because of their actual or perceived origin, colour of skin, sex, sexual orientation, political beliefs or religion.
THE FOLLOWING PROVISIONS CONTAIN AN ENHANCED PENALTY IN CASE AN OFFENCE REFERRED TO HAS BEEN COMMITTED “BY REASON OF SPECIFIC MOTIVATION”:
Section 144/2/e - First Degree Murder 
Section 145/2/d - Second Degree Murder 
Section 147/2/b and 148/2/2 - Killing 
Section 154/2/c - Participating in a Suicide 
Sections 155/2/c and 156/2/b - Bodily Harm 
Section 159/3/b - Wrongful Taking of Organs, Tissues and Cells and Criminal Sterilization Section 160/2/b 
Section 170/2/d - Endangering Health due to Unauthorized Pharmaceuticals, Health Care Aids and Equipment 
Section 179/3/e - Trafficking in Human Beings 
Section 182/2/a - Deprivation of Personal Freedom 
Section 183/2/b - Restriction of Personal Freedom 
Section 184/2/b - Restricting the Freedom of Residence 
Section 185/2/c - Taking a Hostage 
Section 186/2/d - Kidnapping for Ransom 
Section 187/2/c - Abduction to a Foreign Country 
Section 188/2/e - Robbery 
Section 189/2/c - Extortion 
Sections 190/3/c and 191/2/c - Gross Coercion 
Section 192/2/c - Duress 
Section 193/2/c - Restricting the Freedom of Worship 
Section 194/2/d - Forcible Entry into Dwelling 
Section 194a/2/d – Protection of Privacy in Dwelling
Sections 196/3/b and 197/3/b - Breach of Mailing Secrets 
Section 199/2/c - Rape 
Section 200/2/c - Sexual Violence 
Section 201/2/c - Sexual Abuse 
Section 208/3/b - Battering a Close Person and a Person Entrusted into one’s Care 
Sections 209/2/b and 210/2/b - Kidnapping 
Section 211/3/b - Corrupting Morals of Youth 
Section 212/3/c - Theft 
Section 213/2/b - Embezzlement 
Section 214/2/b - Failure to Pay Wages and Redundancy Payment 
Section 215/2/b - Unlawful Enjoyment of a Thing of Another 
Sections 216/2/b and 217/2/b - Unlawful Enjoyment of a Motor Vehicle of Another 
Section 218/3/b - Unlawful Interference with a Title to a House, Dwelling or Non-residential Premises Section 219/5/c - Unlawful Manufacturing and Enjoyment of Payment Means, Electronic Money or Other Payment Card 
Section 219a/3/c – Unlawful Manufacturing, Enjoyment and Possession of the Instrument Verification Mark or Instrument Safety Mark
Section 220/2/c - Falsification and Fraudulent Alteration of Motor Vehicle Identification Numbers Section 221/3/b - Fraud 
Section 222/3/b - Credit Fraud 
Section 223/3/b - Insurance Fraud 
Section 224/2/b - Capital Fraud 
Section 225/4/b - Subsidy Fraud 
Section 226/2/b - Unjust Enrichment 
Section 229/2/b - Illegal Gambling and Wagers 
Section 230/2/b - Illegal Lotteries and Similar Games 
Section 233/3/a - Legalisation of the Proceeds of Crime 
Section 235/3/c - Usury 
Section 237/2/b - Breach of Trust by Maladministration of Estates of Another 
Section 239/3/b - Harm Done to a Creditor 
Section 241/3/a - Deceitful Practices in Bankruptcy and Composition Proceedings 
Section 242/2/b - Obstructing Bankruptcy or Composition Proceedings 
Sections 245/2/b and 246/2/b - Harm Done to a Thing of Another 
Section 247c/3/a – Unlawful Capturing of Computer Data 
Section 248a/2/b – Damaging and Devaluation of Cultural Monument
Section 249/2/b - Damaging and Devaluation of Archaeological Heritage 
Section 249a/2/a - Falsification of Objects of Cultural Value
Section 250/2/c - Abusing Participation in Economic Competition 
Section 259/3/c - Distortion of Data in Financial and Commercial Records 
Section 261/4/b - Damaging Financial Interests of the European Communities 
Section 264/2/b - Endangering Trade, Bank, Postal, Telecommunication and Tax Secrets 
Section 265/3/b - Insider Trading 
Section 265a/3/b – Market manipulation
Section 266/2/b - Deceitful Practices in Public Procurement and Public Auction 
Section 274/2/b - Forgery, Fraudulent Alteration and Illicit Manufacturing of Duty Stamps, Postage Stamps, Stickers and Postmarks 
Section 275/2/b - Forgery and Fraudulent Alteration of Control Technical Measures for Labelling Goods 
Section 278a/2/a – Thwart of Tax Administration
Section 279/2/b - Breach of Regulations Governing State Technical Measures for Labelling Goods 
Section 281/3/b - Infringing Trademark, Registered Appellation of Origin and Trade Name Rights 
Section 283/2/c - Infringement of Copyright 
Section 284/2/c - Endangering Public Safety 
Section 290/2/c - Breach of Duty under Imminent Danger Situation 
Sections 294/4/b and 295/3/b - Prohibited Acquisition and Possession of Firearms and Trafficking in them 
Section 298/2/b –Prohibited Production and Possession of Nuclear Materials, Radioactive Substances, Hazardous Chemicals and Hazardous Biological Agents and Toxins 
Section 305/4/b - Breach of Plant and Animal Species Protection Regulations 
Section 305aa/2/c - Killing of a pet animal without reasonable cause
Section 309/2/b - Escape of Genetically Modified Organisms 
Section 326/2/c - Abuse of Power by a Public Official
Section 326a/2/b – Bending the law
Section 342/2/a - Interfering with Judicial Independence 
Section 344/2/c - Obstruction of Justice 
Section 345/2/a - False Accusation 
Section 346/3/b - False Testimony and Perjury 
Section 347/2/b - False Expert Opinion, Interpreting and Translation 
Section 351/3/c - Obstructing the Preparation for and Holding of Elections or Referendum
Section 352/4/b – Forgery and Alteration of Public Documents, Official Seals, Official Emblem and Official Mark
Section 352a/2/e – False Medical Records
Section 355/3/b - Smuggling of Migrants 
Section 359/2/a – Violence against a Group of Persons
Section 360/2/d – Dangerous Threats and Section 360a/2/c – Dangerous Persecution
Section 364/2/a – Disorderly Conduct
Section 365/2/b – Desecration of Graves and Section 366/2/b – Desecration of the Dead
Section 373/2/b – Slander
Section 420/2/d – Torture and Other Inhuman or Cruel Treatment
Section 140a - Extremist Offenses, such as following:
Section 423/2/c – Defamation of the Nation, Race and Belief
Section 424/3/a – Incitement to National, Racial and Ethnic Hatred
Section 424a/2/c - Apartheid and Discrimination of Group of Persons

Section 359 - Violence against a Group of Citizens and against an Individual
(1) Any person who threatens a group of citizens with killing, inflicting grievous bodily harm or other aggravated harm, or with causing large-scale damage, or who uses violence against a group of citizens, shall be liable to a term of imprisonment of up to two years.
(2) The offender shall be liable to a term of imprisonment of between six months and three years if he commits the offence referred to in paragraph 1
a) by reason of specific motivation,
(…)
Section 360 - Serious Threats
(1) Any person who threatens another with killing, inflicting grievous bodily harm or other aggravated harm to an extent which may give rise to justifiable fears shall be liable to a term of imprisonment of up to one year.
(2) The offender shall be liable to a term of imprisonment of between six months and three years if he commits the offence referred to in paragraph 1
(…)
d) by reason of specific motivation, or
(…)

Section 360a/2/c - Dangerous Persecution
Section 360a
(1) Whoever pursues a long-term pursuit in such a way that it can give rise to serious concern about his or her life, health or the life or health of a close person, or significantly impair the quality of his or her life by
(a) threatening to harm or otherwise harming him or his/her close person,
(b) seeking his or her personal closeness or following him,
(c) to contact him/her through a third person or an electronic communications service, in writing or otherwise against his will,
(d) misuses his personal data for the purpose of obtaining personal or other contact, or
e) otherwise restricting their usual way of life,
shall be punished by imprisonment for up to one year.
(2) The offender shall be liable to a term of imprisonment of six months to three years if he commits the offence referred to in paragraph 1
(…)
c) by reason of specific motivation, or
(…).

Section 360b
(1) Whoever intentionally, by means of an electronic communication service, computer system or computer network, substantially impairs the quality of life of another by
(a) humiliates, intimidates, improperly acts on behalf of or otherwise harasses him or her for a prolonged period of time; or
(b) unlawfully discloses or makes available to a third party a visual, audio or visual-audio recording of his or her speech of a personal nature, obtained with his or her consent, which is capable of materially impairing his or her reputation or otherwise causing him or her serious injury to his or her rights, shall be punishable by imprisonment for a term of up to three years.
(2) The offender shall be sentenced to imprisonment for a term of one to four years if he commits an act referred to in paragraph
(1)
(a) on a protected person, or
(b) by reason of specific motivation, or
(…).

Section 364 - Disorderly Conduct
(1) Any person who, either verbally or physically, commits gross indecency or disturbs peace in public or in a place accessible to public, in particular by
a) assaulting another,
b) desecrating the state symbol,
c) desecrating a historical or cultural monument,
d) grossly disturbing a citizens’ assembly or the course of sporting or cultural event, or
e) causing public nuisance through performing a sexual intercourse, sexual exhibitionism or other pathological sexual practices,
shall be liable to a term of imprisonment of up to three years.
(2) The offender shall be liable to a term of imprisonment of between six months and three years if he commits the offence referred to in paragraph 1
a) by reason of specific motivation,
(…)

Section 365 - Desecrating a Place of Eternal Rest
(1) Any person who destroys, damages or desecrates a grave, urn with the ashes of a deceased person, memorial or tombstone, or destroys or damages things at a burial ground or at other place of eternal rest, or who commits other gross indecency or beaches peace at a burial ground or at other place of eternal rest, shall be liable to a term of imprisonment of up to two years.
(2) The offender shall be punished imprisonment for six months to three years, if he commits the act referred to in paragraph 1 (...) (b) by reason of a specific motivation.

Section 366/2/b - Improper and Indecent Interference with a Dead Human Body
(1) Any person who abuses or desecrates a dead human body, or unlawfully carries out the exhumation of mortal remains, or who, without authorisation, takes mortal remains away from the place where they are put to rest, or handles mortal remains in breach of a generally binding legal regulation, shall be liable to a term of imprisonment of up to three years.
(2) The offender shall be liable to a term of imprisonment of one to five years if he commits the offence referred to in paragraph 1
a) acting in a more serious manner, or
b) by reason of specific motivation.

Section 373/2/b – Defamation
Section 373
(1) Any person who communicates a false information about another likely to considerably damage the respect of fellow citizens for such a person, damage his career and business, disturb his family relations, or cause him other serious harm, shall be liable to a term of imprisonment of up to two years.
(2) The offender shall be liable to a term of imprisonment of one to five years if he commits the offence referred to in paragraph 1,
(…)
b) by reason of specific motivation.
(…)

Section 420 - Torture and Other Inhuman or Cruel Treatment
(1) Any person who, in connection with the exercise of his powers of the public authority official, from his motion or with his explicit or implicit approval, causes another person physical or mental suffering by ill-treatment, torture or other inhuman and cruel treatment shall be liable to a term of imprisonment of two to six years.
(2) The offender shall be liable to a term of imprisonment of three to ten years if he commits the offence referred to in paragraph 1
(…)
d) by reason of specific motivation, or
e) against a person whose personal liberty was restricted in compliance with the law.

Section 423/2/c – Defamation of Nation, Race and Conviction
Section 423
(1) Any person who publicly defames
a) any nation, its language, any race or ethnic group, or
b) any individual or a group of persons because of their affiliation to any race, nation, nationality, complexion, ethnic group, family origin, religion, or because they have no religion,
shall be liable to a term of imprisonment of one to three years.
(2) The offender shall be liable to a term of imprisonment of two to five years if he commits the offence referred to in paragraph 1
(…)
c) by reason of specific motivation.

Section 424/3/a – Incitement to National, Racial and Ethnic Hatred
Section 423
(1) Any person who publicly incites to violence or hatred against a group of persons or an individual because of their true or alleged affiliation to any race, nation, nationality, ethnic group, true or alleged origin, complexion, sexual orientation, political opinions, religious beliefs or absence of thereof, or publicly incites to the restriction of their rights and duties, shall be liable to a term of imprisonment of one to three years.
(....)
(3) The offender shall be liable to a term of imprisonment of two to six years if he commits the offence referred to in paragraph 1 or 2
by reason of specific motivation,
(...).

Section 424a/2/c – Apartheid and Discrimination of Group of People
Section 424a
(1) Whoever engages in apartheid or racial, ethnic, national or religious segregation or other extensive or systematic discrimination against a group of persons shall be liable to a term of imprisonment of four to ten years.
(2) The offender shall be liable to a term of imprisonment of eight to fifteen years if he commits the offence referred to in paragraph 1
(…)
c) by reason of specific motivation,
(…).