< Back to Compendium

1. Source of the legal provision

Article 325 of the Criminal Code [Članak 325 Kazneni zakon], as amended by the Act on Amendments to the Criminal Code [Zakon o izmjenama i dopunama Kaznenog zakona], adopted on 12 October 2017.

Available in the original language via: Zakon.hr; <https://www.zakon.hr/z/98/Kazneni-zakon>

2. Legal provision in English

Public Incitement to Violence and Hatred

[…]

(4) The punishment referred to in paragraph 1 of this Article[1] shall be imposed on anyone who publicly approves, denies or significantly minimizes the criminal act of genocide, the crime of aggression, a crime against humanity or a war crime, directed against a group of people or a member of the group because of their racial, religious, national or ethnic affiliation, origin or skin colour, in a manner likely to incite violence or hatred against such a group or a member of that group.

[…]

3. Legal provision in the original language

Javno poticanje na nasilje i mržnju

[…]

(4) Kaznom iz stavka 1 ovoga članka kaznit će se tko javno odobrava, poriče ili znatno umanjuje kazneno djelo genocida, zločina agresije, zločina protiv čovječnosti ili ratnog zločina, usmjereno prema skupini ljudi ili pripadniku skupine zbog njihove rasne, vjerske, nacionalne ili etničke pripadnosti, podrijetla ili boje kože, na način koji je prikladan potaknuti nasilje ili mržnju protiv takve skupine ili pripadnika te skupine.

[…]

 

4. Key points

  • Croatia’s Criminal Code does not explicitly mention Holocaust denial, but criminalizes the public approval, denial, or significant minimisation of genocides in general, crimes against humanity, war crimes, and the crime of aggression (Article 325 (4)), in compliance with the EU Framework Decision 2008/913/JHA (hereafter ‘EU FD 2008’).
  • The possible sanction for such conduct is imprisonment for a term not exceeding three years.
  • Unlike Article 1 (1) c, d of the EU FD 2008, Article 325 (4) of the Criminal Code does not require that such actions be carried out in a manner likely to incite violence or hatred.
  • Symbols related to antisemitism, totalitarian and similar ideologies are not banned in Croatia.

5. Background

It seems that physical violence related to antisemitism is quite rare in Croatia. According to the latest crime statistics, the majority of hate crimes are not related to antisemitism.[2]

However, there are antisemitic biases and prejudices, as in various online comments and discussions. Some antisemitic conspiracy theories are also being broadly spread – for instance, about the so-called “Jewish lobby”, an antisemitic trope referring to powerful Jewish networks ruling the global arena.[3]

However, Croatia is considered to have quite strong legislation related to hate crimes, and which  can also be applied in cases of Holocaust denial. Article 39 of the Croatian Constitution prohibits hate-related expressions of violence. It stresses: “Any call for or incitement to war, or resort to violence, national, racial or religious hatred, or any form of intolerance shall be prohibited and punishable by law.”[4]

Croatia has adjusted its Criminal Code in accordance with the provisions of the EU Framework Decision on Racism and Xenophobia 2008/913/JHA. Article 325 has become the most prominent legal instrument for sanctioning all public manifestations of hatred and intolerance, as it forbids the incitement or distribution of content and materials initiating violence and hatred directed against any group or a member of such a group on account of their race, religion, national or ethnic origin, language, descent, skin colour, gender, sexual orientation, gender identity, disability, or any other characteristic.

6. Application

In the case of Croatia, the most recent available data regarding the criminal prosecution of denial crimes is collected and published within the broader framework of hate crimes. To the best of our knowledge, there is no statistical data today on how many crimes were prosecuted in the courts under the legal framework of denial crimes specifically after 2021 – because this data is not publicly available.

However, there is research on hate crimes that identifies the number of denial crimes for the period of 2016-2021. It demonstrates that the vast majority—94.9%—of cases concerning Article 325 of the Criminal Code pertain to Article 325(1), which addresses the general offense of public incitement to hatred or violence. In only three cases (5.1%) was the offence classified as a public denial of international crimes referred to in Article 325 (4) of the Criminal Code. Two cases involved the denial or approval of war crimes committed against the Republic of Croatia or Croatians. One case involved both the denial and significant trivialisation of genocide in Jasenovac (referred to as a “communist lie”) and the Holocaust in general. In that period, 62 defendants, or 93.9 % of them, were prosecuted for an offence referred to in Article 325, paragraph 1 of the Criminal Code, while for the offence referred to in paragraph 4 (denial crimes), four defendants were prosecuted (6.1%).[5]

The general view is that, although in recent years there have been instances where individuals promoting revisionist views or denying genocide have faced legal consequences, prosecutions are often met with public debate about freedom of expression versus the need for accountability regarding historical truths. Activists and organisations advocating for recognition of these crimes (including Jewish organizations) have called for stricter enforcement of laws against hate speech and genocide denial. But courts have been reluctant to prosecute cases related to genocide denial fully, citing concerns over infringing upon free speech rights. Criticism is thus wide-spread[6].

Regarding hate crimes more generally, according to the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe (OSCE), Croatia regularly reports hate crime data to the ODIHR. The Croatian government is taking measures to prevent hate crimes, including by adopting a “Protocol for Procedure in Cases of Hate Crime” (2021).[7] Antisemitic and other hate crimes in Croatia have been reported systematically since 2014 via the OSCE monitoring website. According to the Ombudsman’s Office report of 2018, hate crime cases that end up in court often result in a mere warning for the convict.[8] In 2022, a total of 80 hate crimes were reported in Croatia, while 24 were prosecuted. Out of all reported crimes, two were antisemitic hate crimes.[9]

 

7. Controversies

Croatia has been criticised for not paying enough attention to its historical memory politics, which concerns topics such as the Holocaust and crimes committed by the Ustaša regime[10] – although labour camps such as Jasenovac, Jadovno and Pag were known as death camps.

Following its independence in the 1990s, the new Croatian state condemned the Ustaša regime – but some of the regime’s symbols are still common, for instance, the Ustaša salute and insignia marked with “za dom spremni” (“for homeland ready”).

Laws are sometimes criticised too: “While the legal framework, including the Constitution, Criminal Code, and other laws, are designed to fight discrimination and hate crimes including antisemitism and xenophobia, there are legal gaps regarding hate speech and contentious symbols due to the lack of a standardised juridical approach”.[11]

8. Further reading

 

[1] Imprisonment for a term not exceeding three years.

[2] Organization for Security and Co-operation in Europe (OSCE), Office for Democratic Institutions and Human Rights (ODIHR), Hate crime data: Croatia, <https://hatecrime.osce.org/croatia>.

[3] I. Merheim Eyre, B. Aleksov, B. Bino, A. Sokol, H. Cvijanović, S. Përteshi, B. Papovic, A. Bokshi, I. Nikolić, Antisemitic Discourse in the Western Balkans. A Collection of Case Studies, 21 April 2021. <https://www.iri.org/resources/antisemitism-remains-a-key-obstacle-to-democratic-transition-in-western-balkans/>

[4] Constitution of the Republic of Croatia, <https://www.sabor.hr/sites/default/files/uploads/inline-files/CONSTITUTION_CROATIA.pdf>

[5] Maja Munivrana, Aleksandar Maršavelski, Ines Sučić, Ivana Eterović, Hate speech in Croatia. Empirical research of the cases in the period from 2016 to 2021. An abridged research report, p. 9-10.

<https://www.hpc.hr/wp-content/uploads/2024/11/Final-Research-Report-An-abridged-version.pdf>

[6] Vuk Tesija, Holocaust Denial ‘Unsanctioned in Croatia’, Jewish Leader Warns, April 19, 2023,

<https://balkaninsight.com/2023/04/19/holocaust-denial-unsanctioned-in-croatia-jewish-leader-warns/>

[7] Organization for Security and Co-operation in Europe (OSCE), Office for Democratic Institutions and Human Rights (ODIHR), Hate crime legislation in Croatia, Criminal Code of Croatia (2011, amended in 2019), excerpts related to Hate Crime Laws, unofficial translation, <https://hatecrime.osce.org/croatia>

[8] Ombudsman Office of the Republic of Croatia, ‘Report for the Ombudsman of 2018,’ March 2019. <https://www.ombudsman.hr/hr/download/izvjesce-pucke-pravobraniteljice-za-2018-godinu/?wpdmdl=4747&refresh=5f21%20f492295b11596060818>

[9] Organization for Security and Co-operation in Europe (OSCE), Office for Democratic Institutions and Human Rights (ODIHR), Hate crime data: Croatia, <https://hatecrime.osce.org/croatia?year=2022>

[10] The Ustaša (Croatian Revolutionary Movement) was a Croatian ultranationalist organization, active in 1929-1945. Before the World War II, Ustaša engaged in terrorist activities against the Kingdom of Yugoslavia. During World War II in Yugoslavia, the organization became involved in the Holocaust and committed genocide – crimes against Croatian Jewish, Serb and Roma populations, as well as Muslim and Croat political dissidents. The regime established labour and death camps. See A. Korb, ‘Understanding Ustaša violence’ [2010], Journal of Genocide Research, 12 (1–2), pp. 1–18.

[11] I. Merheim Eyre et al., ibid.

Scroll to Top