Criminal Protection of Religion in Croatia and Slavonia at the Turn of the 20th Century

Sa？etak This paper presents and analyses the provisions of the Criminal Code on crimes, misdemeanours and contraventions of 27 May 1852, which guaranteed criminal protection of religion in Croatia and Slavonia at the turn of the 20th century. In accordance with a tripartite division of criminal behaviour into crimes, misdemeanours and contraventions, serious cases of offences against religion are prescribed in the crime of disturbance of religion (§ 122). This crime included blasphemy, disturbance of state-recognised religions and sacrilege, incitement to apostasy from the Christian faith, and spreading disbelief or doctrine contrary to the Christian religion. Less severe cases of religious offences are prescribed as misdemeanours against public peace and order: insults against the recognised church or religious community (§ 303) and promoting a religious sect declared by the state as inadmissible (§ 304). In addition to the normative framework, the paper presents and discusses only the relevant jurisprudence, that is, only those cases which influenced court practice regarding religious offences. These are primarily judgments of the Supreme Court, as well as cases highlighted in the commentaries on criminal law and textbooks as relevant to the judicature. When criminal behaviour for some reason could not be subsumed under the provisions of the Criminal Code, the protection of religion was to be achieved by police administrative law. Finally, an analysis of the available statistical data indicates the prevalence and frequency of religious offences in Croatia and Slavonia, as well as the policy for their punishment. Religious offences accounted for a very small share of total criminality, and judicial policy for their punishment was very mild