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public order or to good customs. Religious faiths shall be subject to
the supreme inspection of the National Executive, in conformity with the
law. No one may invoke religious beliefs or disciplines in order to
avoid complying with the laws or to prevent another from exercising his
rights.
Chapter II of the Penal Code, entitled ’Offences against freedom
of worship’, stipulates the following:
Article 168: Whosoever, with a view to obstructing a religion
that is lawfully established or about to be established in
the Republic, prevents or disturbs the holding of religious
functions or ceremonies, shall be liable to a prison term
of 5 to 45 days.
If the act is accompanied by threats, violence, insults or
expressions of contempt, the length of imprisonment shall be
45 days to 15 months.
Article 170: Whosoever, out of scorn for a religion established or
about to be established in the Republic, destroys, ill-treats or
defiles in any way whatsoever, in a public place, objects used by
that religion, and any individual who ill-treats or insults any
member of that religion’s clergy, shall be liable to a prison term
of 45 days to 15 months. If the offence has been committed against
any clergyman in the exercise of or because of his functions,
the sentence laid down for this offence shall be increased by
one sixth.
Article 171: Whosoever, in a place of worship or a cemetery,
damages or defiles monuments, paintings, stones, steles,
inscriptions or tumuli, shall be liable to a prison term of
one to six months or a fine of 150 to 1,500 bolivars.
Freedom of thought
This freedom does not even need to be legally guaranteed, for, as
long as thought is not externalized, it cannot be controlled and, when it
is externalized, it enters the domain of freedom of expression and
opinion.
In this connection, article 66 of the Constitution stipulates:
’Everyone has the right to express his thoughts by the spoken word or in
writing and to make use of any means of dissemination, without prior
censorship; but statements which constitute offences are subject to
punishment, according to law’.
Anonymity is not permitted. Likewise, propaganda for war, that
which offends public morals, and that for the purpose of inciting
disobedience of the laws shall not be permitted, but this shall not
repress analysis or criticism of legal principles.