Europe. Undemocratic laws in democratic countries
EU Spain Greece Poland Czech Republic Denmark Estonia France Italy Netherlands Luxembourg Norway Switzerland Belgium Bulgaria Ukraine
unn.ua bssb.be 10.10.2014
Having hardly made up its eurointegration mind, Ukraine at once found a variety of economic, social and legislative charades.
According to the Law of Ukraine “About the nation-wide program of adaptation of the legislation of Ukraine to the European Union law” from March, 18th, 2004 N 1629-IV, ho the obligations taken by Ukraine in 1995 on the effective date of its Council of Europe membership, and finally to political part of the Agreement on association with EU our state has undertaken to gradually implement the European legislation in national legal system. To understand things properly, we face to some interesting nuances, seen recently, but from the point of view absolutely different.
For example, the German law the criminal liability for masking, wearing of helmets and shields is provided, etc. during mass meetings. Infringement of rules of carrying out peaceful assemblies attract a strict liability, including criminal: Great Britain (the penalty to 5000 ₤, up to 10 years of imprisonment), Germany (to 1 year imprisonment), Italy (the penalty pro rata actual damage, to 1 year imprisonment), France (the penalty to 75 000€, to 5 years imprisonment) and so on.
The prohibition to wear masks in order to avoid identification of the person during mass events is supposed by Administering principles of OSCE for freedom of peaceful assemblies of 2010 (cl 98), the Venetian commission (item 27 Conclusion CDL-AD (2013) 003).
Here the direct citation from the Criminal code of France
The 15 years imprisonment is foreseen as the punishment for the participation in the revolt by:
- constructing barricades, defensive sites of field type or accomplishment of any works aimed to prevent or counteract measures of public power departments;
- capture, by means of application of open force or a fraud behavior, or by means of destruction of any building or a construction;
Or let’s look at the legislation of Spain
The criminal code
Clause 493 establishes a criminal liability in the form of imprisonment by term from 3 to 5 years in case of capture with the applied force of House of Parliament and legislature of autonomous formations of Kingdom of Spain.
Clause 494 establishes a criminal liability for from 6 months to 1year in relation to organizers of demonstrations near (!) House of Parliament, a legislature of autonomous formations of Kingdom of Spain, interference into their normal work.
Here are the extracts from the Criminal Code of Greece
Clause 3 Clause 189
The persons who have made illegal intrusion / capture private or office buildings with closed / disguised person appearance bear a criminal liability in the form of the conviction to 10 years.
If we look into the details of the PASE Conclusions and Recommendations, it will appear that Europeans are not too tolerant as it may seem at a glace:
– In the Resolution № 1344 (2003) “About threat for democracy from extremist parties and movements in Europe” the PASE has urged the states members of the Council of Europe to provide in the legislation a possibility of restrictions of freedom of statements, meetings and associations with a view of struggle against extremism, to enter effective punishments which carried out a deterrent role, in particular, for public appeals to violence, a racial discrimination and intolerance.
Besides, the PASE recommends to accept the legislation for the purpose of introduction of the ministerial procedures in order to ban an extremist ideology by means of new information technology;
– In the resolution № 1754 (2010) “Struggle against extremism: achievements, lacks and failures” the PASE also has urged the states members of the Council of Europe to provide application of measures of punishment for public appeals to violence, a racial discrimination and intolerance, as well as to introduce into the legislation the provision about struggle against kindling of racial hatred or against its propagation.
Another example is a very democratic Fifth republic – in the Criminal code of France for instigation to extremist activity the punishment in the form of the penalty at a rate of 450 000€ is provided! Even if this instigation is anyhow sounded in mass-media.
One more example: in Lithuania one calling for overthrow of the lawful government, can count on the prison term for a period of 5 years.
And in Poland an encroachment on the state independence and the constitutional system may bring a life imprisonment.
While in the majority of the countries of Europe responsibility for slander is severe enough.
Czechia: an imprisonment term – up to 2 years (S 169b, S 206, S 154 para 2 Criminal codes)
Denmark: an imprisonment term – up to 2 years (S226b and 268 Criminal codes);
Estonia: an imprisonment term – up to 2 years, the penalty – to 500 day salaries (cl 129 and 130 Criminal codes);
Finland: an imprisonment term – up to 2 years, the penalty – to 120 salaries (Criminal code); Chapter 24, Section 10
Greece: Criminal code article 362 – no more than 2 years of imprisonment
Italy: an imprisonment term – from 6 months to 6 years, depending on slander type, the penalty – from 516 euros, depending on slander type (cl 344 and 241 Criminal codes, the Law № 205/99, the Law 274 / 2000);
Spain: an imprisonment term – from 6 months to 2 years (Criminal code cl 206);
France: an imprisonment term – up to 1 year, the penalty – to 45 000 euro – article 32 of the Law about Freedom of the Press from June, 29th 1881 (with August, 7th, 2013 Amendment);
Germany: an imprisonment term – up to 5 years (cl. 185-188, 317 Criminal code);
The Netherlands: an imprisonment term – to 32 months, the penalty – to 16750 euros (Articles of the Criminal code 111, 112, 113, 118, 119, 137c, 137e and Title XVI of Book II (Defamation) – articles 261, 262, 266, 267, 268, 270, and 271);
The Netherlands: an imprisonment term – up to 32 months, the penalty – to 16750 euros (Articles of the Criminal code 111, 112, 113, 118, 119, 137c, 137e and Title XVI of Book II (Defamation) – articles 261, 262, 266, 267, 268, 270, and 271);
Luxembourg: an imprisonment term – up to 2 years, the penalty – to 12500 euros (cl. 144, 275, 385-1, 444, 448 Criminal code);
Norway: an imprisonment term – up to 3 years (Criminal code); Chapter 23
Poland: an imprisonment term – up to 3 years, the penalty – to 162000 euros (Criminal code);
Switzerland: an imprisonment term – up to up to 5 years (Criminal code);
You will not acquire a usual SIM-card without its registration against your personality legal status supporting documents in Greece, Italy, Switzerland and Bulgaria.
The institution of correspondence criminal proceedings, inadmissible, at a glance, is still considered as complying with the good international practice and similar mechanisms do exist in the legislation of some European countries like France, Italy, Belgium, Switzerland, etc.
Apart from the above, the known as conforming to the international standards and recommendations
– The recommendation R (87 18 of the Committee of Ministers of the Council of Europe to the states members “Concerning simplification of criminal legal proceedings”: the state members should consider the problem on granting to the courts of the first instance the possibility to consider cases with the decisions produced in the absence of the charged, provided that the charged has been informed properly on date of hearing and about the right to lawful or other representation in court.
– The resolution 75 (11) of the Committee of Ministers of the Council of Europe concerning the criteria regulating cases investigated in the absence of the charged
– the existing procedure of correspondence criminal proceedings does not cause any objections from the European court under human rights (the decision from 18.05.04, “Shomodi against Italy” case, the decision from 14.06.01 on “Medenitsa against Switzerland” case, etc.) either, provided that the guarantees providing the rights of the person as per the Convention on human rights protection and the basic freedom are thus observed.
The just read article has reminded you anything, hasn’t it?
It was impossible to mind the aforementioned facts in the middle of January of this year, as far then dominating “revolutionary” rhetoric was perceiving any logic arguments as a support of a bloody criminal regime. Therefore this text was born only today, and as it appears, the notorious “Draconian laws” turned out not so draconian, at a glance.
Europe waits for us…
unn.ua – bssb.be