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Many thanks to VH for this tip from the Public Prosecutors’ website (OM). The pdfs linked at the bottom are in English:

Public Prosecution Service requests acquittal for all counts in Wilders case

15 oktober 2010 - Arrondissementsparket Amsterdam

Today, the Public Prosecution Service in Amsterdam (OM) has pronounced the final part of the closing speech in the trial against Geert Wilders. The OM has requested acquittal for inciting hate and inciting discrimination by Geert Wilders.

On 12 October 2010 the Public Prosecution Service (OM) discussed the assessment criteria for Section 137c, Penal Code (Sr) and assessed the statements charged under Offence 1 according to them. The OM has requested acquittal for Offence 1.

The public prosecutor’s demand continued on 15 October 2010 with a description of the assessment criteria for Section 137d Sr and the assessment of offences 2, 3, 4 and 5.

The following has been addressed today:

  • theoretical part of Section 137d Sr (instigating hatred and instigating discrimination)
  • assessment according to criminal law of Offence 2 (instigating hatred because of religion)
  • assessment according to criminal law of Offence 3 (instigating discrimination because of religion)
  • assessment according to criminal law of Offence 4 (instigating hatred because of race)
  • assessment according to criminal law of Offence 5 (instigating discrimination because of race)

In the comprehensive closing speech, the prosecutors have argued why they requested acquittal. In his statements, Wilders usually refers to the Islam; not to Muslims. Criticising a religion is not punishable, according to the OM.

Some of Wilders’ statements constitute ‘instigating discrimination’. However, those were made to contribute to a social debate, by Wilders as politician. Therefore, the punishable nature of instigating discrimination is eliminated.

The OM requests acquittal for all statements in offences 1, 2, 3, 4 and 5.


Files in English:

  • Summary public prosecutor — closing speech Wilders (October 15) part2.pdf (45 Kb; pdf)
  • Part 1 (October 12, closing speech Prosecutor) can be downloaded here (43.43 Kb; pdf)
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