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Criminal liability for violations of limits on freedom of speech in Latvia

  
01 ott 2024
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Freedom of expression stands as a cornerstone of human rights. National and international law firmly establish the importance of freedom of expression. However, these same legal frameworks acknowledge limitations and potential legal consequences for exceeding those limitations. Provisions within criminal law serve as a clear reminder that this right is not absolute. In certain situations persons' communication, publication and dissemination of information, incitement can pose a threat to protected interests, justifying the criminalization of such behaviour. As restrictions on freedom of expression constitute exceptions to the general principle guaranteeing free expression, analysing the reasons, criteria, and preconditions defining these limitations becomes essential. This article examines in detail the concept of freedom of expression and the admissibility of its restriction within the criminal justice system. Drawing on international and Latvian legal frameworks, it examines specific criminal code provisions that establish liability for violations. Additionally, it analyses the factors and circumstances that create a legal basis for such regulations.