Originally Posted by mer
They didn't commit hooliganism as there was no violence, threat of violence or any destruction of property. And even if we consider it's hooliganism they wouldn't be sent to jail considering no criminal record and kids. They would get suspended sentence or community work. The main point here is "religious hatred" - this is what gives the judge an excuse to send them to prison. How do you prove religious hatred motivation? Apparently for russian court their feminist views and LGBT support is a prove that they were motivated by hatred. If you don't think this is a terrible thing for human rights cause...Seriously, I feel ridiculous explaining all this.
You dont have to explain all this.
But almost any judge would condemn them to actual prison time because of the public impact the case got.
Classic criminal law doctrine (Romanian, but whatever) states for such cases that since the act gravely offended/divided public opinion, correct retribution implies a more severere punishment that maybe the act itself would require under other circumstances.
This is what I said allalong - the public storm generated by the case is what probably added at least a year to the sentence.
At least thats how I see it, most criminal law judges Ive seen would have reasond like this.