Lithuania

Hate Crimes

The following overview of hate crimes legislation is based on information submitted directly to the ODIHR by Lithuania during the course of 2004-2005. While, in some instances, the wording of the legislation may appear unclear, it has not been changed from its original form.

On the basis of this structure, ODIHR enourages pS to submit relevant information to fill in any gaps.

Legislation is constantly updated, and therefore the provisions cited are subject to change. The term racist is illustrative and does not exclude other bias types. The use of "Article", "Section", or § refers to parts of the respective Criminal Code.

International crimes [1]	§99: prohibition of genocide, attempted genocide and complicity in genocide; provides for punishment by imprisonment “Any person who aiming at physical destruction, in whole or in part, of people belonging to any national, ethnic, racial, religious, social or political group organized, directed or participated in killing, torturing, injuring, hampering of mental development, deporting or by other means creating such living conditions that inflicted their physical destruction in whole or in part, or imposed measures intended to prevent births within such group or forcibly transferred their children over to other groups, shall be punished by imprisonment from 5 to 20 years or life imprisonment.” §100: prohibition of violation of international humanitarian law including persecution on political, racial, national, ethnic, cultural, religious or gender grounds; provides for punishment by imprisonment.
Incitement to hatred / Dissemination of racist ideas [2]	§170: “Any person who by public statements orally, in writing or through mass media mocks, expresses contempt, incites hatred or discrimination against a group of people or an individual belonging to such group on account of their sex, sexual orientation, race, nationality, language, origin, social status, religion, conviction or belief, shall be punished by fine or restriction of freedom, or arrest, or imprisonment up to 2 years. Any person who publicly incites violence or use of deadly physical force against a group of people or an individual belonging to such group on account of their sex, sexual orientation, race, nationality, language, origin, social status, religion, conviction or belief, or provides financial or other kind of material support for such acts, shall be punished by a fine or restriction of freedom, or arrest, or imprisonment up to 3 years.” Law on Amendment of Republic of Lithuania on Provision of Information to the Public prohibits instigating war, national, racial, religious and social discord and gender enmity and hatred.
Holocaust denial [3]
Personal violence
Destruction of property	§312: prohibition of destruction or desecration of graves and acts of vandalism in cemeteries with racial, national or religious motivation; provides for punishment by public works, fine, restriction of freedom, arrest or imprisonment.
Civil rights violations	§169: “Any person, who commits an act intended at hindering a group of people or an individual belonging to such group on account of their sex, sexual orientation, race, nationality, language, origin, social status, religion, conviction or belief, to equally with others participate in political, economic, social, cultural, labour or other activities or to restrict rights and freedoms of such group of people or an individual belonging to this group, shall be punished by public works or fine, or restriction of freedom, or arrest, or imprisonment up to 3 years.” §171: prohibition of disturbance of religious services or celebrations of state-recognised religious communities or associations; provides for punishment by public works, fine, restriction of freedom or arrest.
Racist organizations [4]	§214 Administrative Code prohibits creating or participating in the activities of an organization that instigates national, racial or religious enmity.
Racist cyber-crime
Aggravating circumstances
Bias types [5]	Sex, sexual orientation, race, nationality, language, origin, social status, religion, conviction or belief, politics, ethnicity, cultural group, gender, social group.

[1] Relevant international crimes include genocide, apartheid, slavery and persecution.

[2] Includes (public) incitement to racial discrimination, violence or hatred; (public) dissemination of ideas based on racial superiority or hatred; (public) insults and threats.

[3] Includes public denial or gross trivialization of international crimes, especially genocide/the Holocaust.

[4] Includes creation, support, participation.

[5] Includes bias types referred to in definitions of crimes and as aggravating factors, but excludes crimes based on denying equality of citizens, which tend to encompass broader grounds for discrimination.

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