Elements of Crime
For the crime of praising the crime and the criminal to occur, the following elements must occur:
There must be a crime committed: The act being praised must constitute a crime. Praising an action that is not against the law is not considered within the scope of this crime.
Public praise of the crime: The praise must be made publicly. That is, the action must be done to a certain number of people or in a public setting.
Praising a person for a crime: The praise must be directed at a person for the crime. It is necessary to praise the person who committed the crime, not the act of the crime.
Emergence of a clear and present danger to public order: Praising the crime and the criminal must be likely to disrupt public order. This possibility must be “clear and present”.
Punishment for Crime
The penalty for praising the crime and the criminal is imprisonment from 1 month to 2 years. In addition to imprisonment, a fine may also be imposed.
Exceptions to the Crime
In some cases, the act of praising the crime and the criminal does not constitute a crime. These situations are:
Done for criticism or humorous purposes: If praising the crime and the criminal is done for criticism or humorous purposes, a crime does not occur.
Done for artistic or scientific purposes: If praising the crime and the criminal is done for artistic or scientific purposes, a crime does not occur.
Believing in one’s innocence: Even if a person who believes that the person who committed the crime is innocent praises him for this belief, no crime will occur.
