View Full Version : Inciting Racial Hatred - The Penalty According to Maltese Law
CRIMINAL CODE
III. 2002.19.
82A. (1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up racial hatred or whereby racial hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
(2) For the purposes of the foregoing subarticle "racial hatred" means hatred against a group of persons in Malta defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
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It looks like this means that if found Guilty in a Court of Law, such a Court has to impose a prison sentence within the paramaters of the criminal code. A fine (multa) cannot be imposed in the stead of a prison term.
Not very good news.
Ergo.
etoile noir
9thJune2005, 01:25
it doesn't make much difference Ergo.
Norman would never pay a fine anyhow, not one red cent.
umberto
9thJune2005, 01:27
why had everyone already made it a lost case??
if it is a lost case, than it is nothing good, whether fine or whatever.
i think, though he is probably doing it, better to concentrate on the defence. To win it.
Thank you Ergo for this post. Unfortunately about this I was so preoccupied in my previous posts. Hekk tghid il-ligi. Imma jekk jaghmlu lil Norman Lowell martri taf tahdem kontrihom.
EN the problem is that the legal parameter for the prison term is 6 to 18 months which is a long time, although a year in prison equates to 8 months (since 3 months remission are deducted per year for good behaviour). However, the law also indicates that intent has to be proven which will be a difficult job for the prosecution.
Fingers Crossed!
Ergo.
etoile noir
9thJune2005, 01:43
EN the problem is that the legal parameter for the prison term is 6 to 18 months which is a long time, although a year in prison equates to 8 months (since 3 months remission are deducted per year for good behaviour). However, the law also indicates that intent has to be proven which will be a difficult job for the prosecution.
Fingers Crossed!
Ergo.
Indeed you are right. however without wanting to sound over optimistic, or simplistic, I see this as a "heads i win, tails you lose" situation.
The last thing i'd want to see is Norman behind bars, however knowing him as I do, we all know that he is totally committed to the cause and what he would want is for us to be strong - to remain committed.
Ultimately this is what we are here for. To show Norman and the world that what Norman started, what he has spent so many years building, will continue to flourish and will not scatter in disarray if something were to happen to him.
but as you rightly said, fingers crossed.
Norman Lowell is not a criminal. Punto e basta.
The Court, as far as i know, can always impose a suspended prison sentence, with attached conditions of course!
Ergo.
Marco Polo
9thJune2005, 02:02
The Court, as far as i know, can always impose a suspended prison sentence, with attached conditions of course!
Ergo.
i am sure norman will express his opinion on that when he returns.
whatever happens, we will continue normans work.
Norman Lowell is not a criminal. Punto e basta.
Norman Lowell is a patriot.
Din tkun theddida ghad-demokrazija taghna.
Theddida ghall-espressjoni tal-kelma.
Bhala Maltin mhux se nhallu dan isehh.
Ghajb ghalih minn jerga' jwaddabna f'dan iz-zmien.
Mela qatt m'ahna se nitghallmu mill-passat.
Neverwinter
9thJune2005, 02:48
They cannot touch Norman! They can imprison him but it will only make him and the realization of his idea stronger. He has layed the foundation of the Imperivm. It cannot be stopped! I know that the movement will not die if Norman is imprisoned. It cannot. It burns too strongly in our spirits.... If They make our Hero into a martyr, then he shall carry the torch for all to see as he has done til now but only with more determination upon his release. We have truth on our side. We have the vision. Our enemies have only lies and censure. The sun shall shine again on Evropa!
malsey
16thJune2005, 21:59
TGHID PEPPI AZZOPARDI JAGHMEL KAMPANJA BIEX JINHELES GHAX JEMMEN FIL FREEDOM OF SPEECH.
U LI LOWELL HU MARID U GHANDU BZONN KURA FLOK HABS. JEW GHALIH LOWELL QISU LHUDI TAHT HITLER
Impressive...Intent?
Let me quote the law:
82A. (1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting.....
I very much doubt intent will be of a headache to the prosecution. The crime was actually committed upon the uttering of that garbage, by a person who is capable of understanding his acts. Now the fact that lowell uttered that garbage repetitively during the meeting, leaves very little room for the proving of intent in this case, as the actual criminal act was the uttering of the words... and unless Norman Lowell lacks the will and understanding, (which allegedly is not the case!) the how can the prosecution not prove that there was the necessary intent?
....Just Dumb.
Now a word to Lowell - "Fejnhom dawk il 100 avukat li kont ghidt li lesti jiddefenduk!" as in "Fejnha dik id-Dolores!"
The law states that the abusive words must be said with intent tostir up racial hatred. Therefore, one has to prove that Norman's words were meant to influence others into being racist! Anyone can have a racist opinion if they like but the prohibition in the law is that you cannot express that view in a way that makes other people racist. This is what the charge is about! You said that the crime was committed "upon uttering that garbage" - that is not the crime he is being charged with since he is in liberty to express his views. He is being charged with trying to use his words to incite racial hatred in others which is very much subject to interpretation. The transcript of his speech had to be reviewed by the Attorney General's office since the CID was unable to determine whether that speech was sufficient to secure a conviction. It shows how tricky it is and not as clear cut as you make it out to be.
Ergo.
etoile noir
16thJune2005, 22:51
Now a word to Lowell - "Fejnhom dawk il 100 avukat li kont ghidt li lesti jiddefenduk!" as in "Fejnha dik id-Dolores!"
so mossad, welcome to vm.org and all that..... good to have you here, although i have to admit i cant quite figure out what the purpose of your visit is.
was good of you to quote the law - something we can all do by going to justice.gov.mt, copy/paste ... done. also good of you to give your interpretation.
now, having given an interpretation of the law as it stands, do we take it that you're a legal eagle? in which case, does your last, sarcastic sentence make any sense at all?
where are the lawyers? simple dear. taking the nth coffee break! need you ask?
Well Mossad i guess we will have to wait and see what happens before you shout out Victory on your end. If you think he is cornered like a rat then you are obviously under the same anesthetic as most of the country is under. I wonder how you draw your conclusions which seem to be based on conjecture. Perhaps you are one of the those typical arrogant lawyers le jizzatu fil-politika since you're unable to do anything better. Well Norman is not a lawyer but is far more open-minded and knowlegable that you lot! I rest my case Dottore.
Ergo.
etoile noir
16thJune2005, 22:52
ok mossad. now we know exactly what your intent is.
you're still welcome here. the rest will enjoy the show i'm sure. we're always game for a laugh with a tosser like yourself.
Marco Polo
16thJune2005, 22:54
Coming to think about it would make sense for Lowell to plead not guilty on the grounds of insanity heheheheh you know.... it might be his opportunity to guarantee him a place in future history books and we'll start teaching the next generation of law students, our own, Lowell Rule of Insanity, rather of the McNaughton Rule!! I'm sure that plea would make case law (hehehe) and as always, a clown out of lowell!!
I'm already on the countdown to the date of the final sentencing by the Court of Appeal..... (dejjem jekk isib avukat u jaffordja jappella! (Ipprova lil xi Lynn Zahra Lowell!!)) I'll be there to watch lowell be humiliated and taken up Cordin in a prision van like a common criminal, as he really is!
Criminals Should Be Jailed! This is it lowell....you're cornered like a rat!
congratulations, you are the first person here to have his nic suit him like a glove. Unluckily you don't get a prize, you don't even get the pleasure of irritating us.
Are you going to contribute anything worthy or just troll? you do know it is against the rules? consider this a warning.
etoile noir
16thJune2005, 22:56
leave him marco. he's good for a laugh - and he serves a purpose. think the "jiena stajt nara" as opposed to the "naghag ta bendu" ;)
just remove that sodding avatar. it really is an eyesore, and its against the rules. delete it please. thanks :)
etoile noir
16thJune2005, 23:15
mossad,
marco polo isn't around. i removed your avatar. kindly use an appropriate one or nothing at all.
as to your post, it hardly merits a reply. try with someting of a bit more substance. and please do not try to pit vm.org against am.com. it shan't work so stop wasting bandwith. if you have an issue with am.com, i suggest you sort it out with admin there.
Marco Polo, il post tieghek tfakkarni fit-thread gewwa Ave Melita jekk ghandkhomx taddendu jew le....mhux ha nidhol f'dettal.... tiftakruha sew il grajja.
Dak iz-zmien kienet tidher b'mod xokkanti l-biza l-ghandkhom li tiddiskuta f'fora b'nies li ma jhaddnux il principji taghkhom, jew li b'xi moghod jistghu iwaqqawlkhom wicckhom l-art. Donnha din il-biza tant zdiedet li qed tghalqu l-forums taghkhom online lil min mhux laqi lowelljan.
Min jaf, forsi tkun xi kitba ta Lowell min go Kordin li tnehhilkhom dil biza li qed tahkimkhom! hehehe Tghid x'se jkun jisimha il verzjoni tal Mein Kampf ta Lowell??
S'issa ghadek ma ghedt xejn li waqqatilna wiccna l-art. Kull ma rajna huwa valenu u mibghedha. X'int tistenna? Valenu u mibghedha kull m'ghandek jew ghandek xi argument ukoll?
Meta toqtol dubbiena ghax qazzitek ttirlek quddiem wiccek, dik biza tkun? ;)
Doesn't seem like it's worth responding to his derogatory posts crusader. We always welcome constructive criticism but this is mere intolerence of other people's views, again showing how much in favour of freedom of expression such people are. I wonder why he seems so convinced that the prosecution, on whom the burden of proof lays, will win this case. As he well knows, not only is there the local Court of Appeal, in this case the Constitutional court also applies since the charge is constitutional besides criminal, but there also exists the Court of Human Rights in Strasbourg! Oh well it seems that these people feel so threatened by Norman Lowell!! Why are they so afraid of him? Perhaps because his ideology, which at times he puts bluntly, is better than theirs!
Ergo.
i like to see these types to see how far they go.sometimes they are good for a laugh.i'm still laughing at the avatar,...and the name..mossad.we got a comedian,or we did have:(
Well said Florian! Though this guy is here for different purposes and clearly has his own agenda! But anyway i guess we should leave him hanging around since we don't suppress people's freedom of expression as they do! However, i think he has to abide by the rules of the Forum or else get his arse kicked again :D
Ergo.
And Again And Again And Again!! ;)
Mossad you have been allowed to stay on the Forum as we respect people's freedom of expression. However, you have to respect that this Forum is not a charade, even if perhaps you think so, and therefore you need to be civil in your postings. Moreover, as EN told you, your little picture there, which is called an avatar, is against our rules and that is why it was removed. You have put it back so you are urged to remove it if you truly respect the forum.
Have fun!
Ergo.
DON'T FEED THE TROLLS
Let him blabber on. No need to take any notice of the joker.
So let's return to our original topic..............:confused:
Ergo.
praefectus
17thJune2005, 00:05
Warning to everybody:
Stick to the topic, stop trolling, or the thread is closed ... period.
If you what to chat, go to the chat room ...
P.
Artist
17thJune2005, 00:10
Ma nistax nifhem kif tistghu taqghu aktar ghan-nejk.
Siehbi Mossad il-ligi tista' tinterprita kif trid.
Kif hadd ma fittex lil dak is-socjalista li qal li xoghol il-Maltin se jittihed mill-Isqallin.
Jekk din se tkun arma ghal min se jitkellem favur il-Malti se jarralkom.
jekk in-Norman se twaddbuh il-habs mitt Norman se jfaqqas.
Issa daqshekk dejjaqtu z... kulhadd.
Ma tarawx x'inhuma l-problemi tal-pajjiz u dak li qed jifni lil Malti.
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