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The Dutch Law Used Against Geert Wilders

By Adams • on February 7, 2009

by Baron Bodissey

I asked our Flemish correspondent VH if he could locate the specific law that is being used to prosecute Geert Wilders, and he found that the relevant text is contained in the Dutch Penal Code, Articles 137c and 137d.

VH translated both these articles, and sends the following report:

According to Afshin Ellian, the Dutch Law Professor and columnist, the Amsterdam Court orders Geert Wilders to be prosecuted for inciting hatred and discrimination (Penal Code, Article 137d) and the insult of a group (Penal Code, Article 137c).

The web pages with the Penal Code articles Afshin Ellian links to in De Volkskrant contain the following:

The Dutch Penal Code; Article 137c [Wetboek van Strafrecht (Sr); Artikel 137c | Sr, Boek 2, Titel 5]

1. He who publicly, verbally or in writing or image, deliberately expresses himself in an way insulting of a group of people because of their race, their religion or belief, or their hetero- or homosexual nature or their physical, mental, or intellectual disabilities, will be punished with a prison sentence of at the most one year or a fine of third category.

2. If the offence is committed by a person who makes it his profession or habit, or by two or more people in association, a prison sentence of at the most two years or a fine of fourth category will be imposed.

The Dutch Penal Code; Article 137d [Wetboek van Strafrecht (Sr); Artikel 137d | Sr, Boek 2, Titel 5]

1. He who publicly, verbally or in writing or in an image, incites hatred against or discrimination of people or violent behavior against person or property of people because of their race, their religion or belief, their gender or hetero- or homosexual nature or their physical, mental, or intellectual disabilities, will be punished with a prison sentence of at the most one year or a fine of third category.

2. If the offense is committed by a person who makes it his profession or habit, or by two or more people in association, a prison sentence of at the most two years or a fine of fourth category will be imposed.

At the request of members of parliament Rouvoet (CHU, Christian Historic Union; Leftist Christian party) and Van der Staaij (SGP, Political Reformed Party; orthodox Christian party) in 1999 and then approved by a majority of the members of Parliament, an insert was added to Article 137 on disabilities. The insert (or their physical, mental, or intellectual disabilities) cannot yet be read in the linked Articles but is in the most recent version (January 2009) here (in Dutch).

The Dutch Law Used Against Geert Wilders

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1.		He who publicly, verbally or in writing or image, deliberately expresses himself in an way insulting of a group of people because of their race, their religion or belief, or their hetero- or homosexual nature or their physical, mental, or intellectual disabilities, will be punished with a prison sentence of at the most one year or a fine of third category.
2.		If the offence is committed by a person who makes it his profession or habit, or by two or more people in association, a prison sentence of at the most two years or a fine of fourth category will be imposed.

1.		He who publicly, verbally or in writing or in an image, incites hatred against or discrimination of people or violent behavior against person or property of people because of their race, their religion or belief, their gender or hetero- or homosexual nature or their physical, mental, or intellectual disabilities, will be punished with a prison sentence of at the most one year or a fine of third category.
2.		If the offense is committed by a person who makes it his profession or habit, or by two or more people in association, a prison sentence of at the most two years or a fine of fourth category will be imposed.