Osservatorio delle libertà ed istituzioni religiose

Olir

Osservatorio delle Libertà ed Istituzioni Religiose

Documenti • 12 Maggio 2005

Codice penale 03 marzo 1881

Codice penale dei Paesi Bassi. Approvato con legge 3 marzo 1881 (Wetboek van Strafrecht – Wet van 3 maart 1881)
THE DUTCH PENAL CODE – March 3, 1881

(omissis)

BOOK II

SERIOUS OFFENSES

TITLE V

SERIOUS OFFENSES AGAINST PUBLIC ORDER

Article 137c.

1. A person who publicly, either orally, or in writing, or by image, intentionally makes a defamatory statement about a group of persons on the grounds of their race, religion or personal beliefs, or their hetero- or homosexual orientation, is liable to a term of imprisonment of a period of not more than one year or a fine of the third category.
2. When the offence is committed by a person who makes it a profession or habit to do so or when the offence is committed by two or more persons in association, this is liable to a term of imprisonment of not more than two years, or a fine of the fourth category.

Article 137d.

1. A person who publicly, either orally or in writing or by image, incites hatred of or discrimination against persons or violence against their person or property, on the grounds of their race, religion or personal beliefs, their sex or their hetero-or homosexual orientation is liable to a term of imprisonment of not more than one year , or a fine of the third category.
2. When the offence is committed by a person who makes it a profession or habit to do so or when the offence is committed by two or more persons in association, this is liable to a term of imprisonment of not more than two years, or a fine of the fourth category.

Article 137e.

1. A person who, for any reason other than giving factual information:
• Makes public a statement which he knows or or should reasonably suspect to be offensive to a group of persons on the grounds of their race , religion, or personal beliefs, or their hetero-or homosexual orientation, or incites hatred of or discrimination against people or violence against their person or property on the grounds of race, religion or personal beliefs, their sex or their hetero-or homosexual orientation:
• Disseminates an object which he knows or should reasonably suspect to contain such defamatory statement or has such in stock for public disclosure or for dissemination; is liable to a term of imprisonment of not more than six months or a fine of the third category.
2. When the offence is committed by a person who makes it a profession or habit to do so or when the offence is committed by two or more persons in association, this is liable to a term of imprisonment of not more than two years, or a fine of the fourth category.
3. Where the offender commits any of the offences defined in this article in the practice of his profession, and where, at the time when the serious offence is committed, less than five years have passed since the previous conviction, of the offender for any of these offences became final, he may be disqualified from the practice of that profession.

Article 137f.

A person who takes part in activities, or who extends financial or other material support to activities, aimed at discrimination against persons on the grounds of race, religion or personal beliefs, their sex or their hetero-or homosexual orientation: is liable to a term of imprisonment of not more than three months, or a fine of the second category.

Article 137g.

1. A person who in his official capacity, profession or business, intentionally discriminates against persons on the grounds of their race , religion, or personal beliefs, or their hetero-or homosexual orientation, or incites hatred of or discrimination against people or violence against their person or property on the grounds of race, :is liable to a term of imprisonment of no more than six months or a fine of the third category.
2. When the offence is committed by a person who makes it a profession or habit to do so or when the offence is committed by two or more persons in association, this is liable to a term of imprisonment of not more than two years, or a fine of the fourth category.

(omissis)

Article 145

A person who by an act of violence or by threat of violence prevents either a lawful public gathering intended to profess a religion or a belief, or a lawful ceremony for the professing of a religion or a belief, or a lawful funeral service from taking place, is liable to a term of imprisonment of not more than one year or a fine of the third category.

[as amended 4-20-1988]

Article 146

A person by whom, by creating disorder or by making noise, either a lawful public gathering intended to profess a religion or a belief, or a lawful ceremony for the professing of a religion or a belief, or a lawful funeral service is intentionally disturbed, is liable to a term of imprisonment of not more than two months or a fine of the second category.

[as amended 4-20-1988]

Artikel 147

Met gevangenisstraf van ten hoogste drie maanden of geldboete van de tweede categorie wordt gestraft:
1°. hij die zich in het openbaar, mondeling of bij geschrift of afbeelding, door smalende godslasteringen op voor godsdienstige gevoelens krenkende wijze uitlaat;
2°. hij die een bedienaar van de godsdienst in de geoorloofde waarneming van zijn bediening bespot;
3°. hij die voorwerpen aan een eredienst gewijd, waar en wanneer de uitoefening van die dienst geoorloofd is, beschimpt.

(Traduzione non ufficiale in francese)
Art. 147
Est puni d’un emprissonnement de trois mois ou plus ou d’une amende de la deuxième catégorie:
1° celui qui , oralement, par écrit ou par image, profère en publique des blasphèmes injurieux contre Dieu , d’une maniere blessante pour les sentiments religieux;
2° celui qui se moque d’un ministre du culte dans l’exercice de son ministère;
3° celui qui insulte les objets consacrés à un culte, dans les lieux et aux moménts ou l’exercice de ce culte est permis.

(Omissis)