Prosecutor v. OR and MR

318 Human rights — Freedom of speech — Hate speech — Criminal responsibility for propagating ideas founded on racial hatred — Display of images calling for death penalty against undocumented migrants committing murder — Principle of equality of arms — Whether reasoning of Court of Appeal being sufficient to justify decision made — Whether Court of Appeal below failing to state reasons — Court of Appeal wrongly assuming that images discriminatory in and of themselves — Court of Appeal failing to evoke facts underlying display of images — Context essential to understand whether images discriminatory — Court of Appeal failing to state that “racial or ethnic hatred” requiring state of mind capable of resulting in concrete danger of discriminatory behaviour — Insufficiency of generic antipathy or rejection linked to reasons of race, nationality or religion — Questions concerning suspension of sentence manifestly unfounded — Court of Appeal’s decision quashed — Case remitted to courts below for re-trial — The law of Italy