Some Considerations on Religious Derogation and Criminal Liability

Abstract

This article aims to examine religious disparagement and criminal liability under Sections 206 to 208 of the Criminal Code, including considerations concerning statutory interpretation in the adjudication of cases.

            The findings indicate that the study of religious disparagement and criminal liability under Sections 206 to 208 of the Criminal Code remains subject to limitations in statutory interpretation, particularly in determining acts of insult or religious disparagement, which subsequently affect judicial consideration and adjudication of cases.

            The author proposes the following recommendations: the interpretation of religious insult and disparagement should be broadened in order to enhance legal deterrence, and Supreme Court judgments should be primarily relied upon in determining liability for this offence, so as to establish consistent standards for future judicial adjudication.