HATE CRIMES AS A CULTURAL PHENOMENON: THE EXPERIENCE OF LATVIAN SOCIETY

Abstract

Changes in the international situation during the last decades have become the reason for new conflicts and aggravations at the national level. The 2015 European migrant crisis (Refugee crisis), 2022 Russian invasion of Ukraine have become a catalyst for increase in hate crimes. In order to recognize the criminal offense as a hate crime in the sense of the Latvian regulatory framework, it is necessary to establish two criteria: (a) the composition of the criminal offence is included in the Criminal Law; (b) a motive of hatred against a particular protected group of society can be stated in the criminal offence. It is the motive – hate or prejudice – that distinguishes hate crimes from other types of crimes.
Prejudice is a negative assessment of a social group and its members. These are objectively unfounded assumptions and erroneous generalizations that, in the opinion of the offender, separate the representatives of this group from the rest of society. Persistent prejudices are called stereotypes. Unlike prejudice, stereotypes are not necessarily negative in nature. However, stereotypes are not based on objective truth either. It follows from court practice that hate crimes were directed against several groups of Latvian society: against ethnic groups (Latvians, Russians, Ukrainians, Jews, Gypsies or Roma, etc.), against representatives of various religious denominations, against asylum seekers, against people from other countries, against sexual minorities as well as against other groups. Stereotypes are often based on personal or negative cultural experiences of previous generations.
In this context, it can be mentioned that it is specifically culture that is the basic factor according to which it is possible to understand, identify and reduce hate speech. Professor Aleksandrs Krugļevskis believed that with a change in cultural understanding, expanding public participation in cultural processes, the level of legal awareness will rise and tendencies, intentions to commit a criminal offense will disappear. Criminal law as a cultural factor creates a system that corresponds to the level of education and culture of the people. The above also corresponds to the vision of Latvia’s cohesive society policy “Guidelines for Cohesive and Active Civil Society 2021–2027”: mutual trust, participation, and cooperation between different social groups have improved among Latvian residents, and the level of tolerance has increased, stereotypes and prejudices against different social group representatives have decreased.
Statistical data show that since the start of the war in Ukraine, the number of registered hate crimes in Latvia has increased. These show the relevance of the chosen topic. The authors of the article offer their vision of the problem of hate crimes, studying hate crimes as a cultural phenomenon, paying special attention to the experience of Latvian society in this area.