PRAHA – The Appeals Chamber of the Municipal Court in Prague acquitted on Tuesday, with final authority, the political party SPD of charges related to inciting hatred. The case concerned campaign posters that, according to the prosecution, could have encouraged hostility toward a specific group of residents. The posters featured imagery described as "imported surgeons."
In the first instance, SPD was sentenced to a fine of three million Czech crowns. However, the appellate court did not agree with the original verdict and concluded that the conduct described in the indictment does not meet the elements of a criminal offense. The decision by the Appeals Chamber is final. Thus, after the ruling by the Municipal Court in Prague, the case ends in favor of SPD, which had appealed against the initial judgment.
The dispute concerned the pre-election campaign of SPD and how the party portrayed issues related to migration and immigration into the Czech Republic through its promotional materials. The specific motif used, "imported surgeons," became subject to criminal proceedings and subsequent judicial review. In reaching its decision, the appellate court evaluated whether the specific conduct could be considered a crime of inciting hatred. After reviewing the case, it reached an opposite conclusion than the first-instance court. Therefore, the three-million-crown fine was not upheld.
The ruling may also have significance for political communication and boundaries in pre-election campaigns within the Czech Republic. The case simultaneously highlights the distinction between politically controversial or criticized content and conduct that already fulfills the factual elements of a criminal offense according to the court. A final acquittal means that SPD was not found guilty in this criminal matter. Further assessment of the case would therefore only be possible under conditions stipulated by relevant legal provisions.
gnews.cz - Jan Vojtěch