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Are sanctions foreseen/provided by anti-discrimination legislation?

Code:
RED16
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination
02/12/2011 - 16:07
Short Answer

Yes.

Qualitative Info

Article 3 of Law no. 205 of 1993, commonly referred to as the “Mancino Law”, allows judges to increase the sentence to be imposed for a crime, by up to half, if it was committed “with the purpose of discrimination or hatred based on ethnicity, nationality, race, or religion, or in order to facilitate the activity of organizations, associations, movements, or groups that have this purpose among their objectives”. (Judges in Italy have discretion with respect to sentencing within the parameters established by law. A sentence for a racially-motivated offense can be increased by any amount of time up to one half again the minimum sentence for the offense in question). The aggravating circumstance of racist or other hate purpose can be applied to any crime, except those punishable by life in prison (the harshest penalty under Italian criminal law). The Mancino Law also makes it a crime to “instigate in any way or commit violence or acts of provocation to violence for racist, ethnic, national or religious motives, ”punishable by six months to four years in prison, and to “propagate ideas based on racial superiority or racial or ethnic hatred, or to instigate to commit or commit acts of discrimination for racial, ethnic, national or religious motives”, punishable by up to one year and six months in prison or a € 6,000 fine.


Source:

European Network of Legal Experts in the Non-Discrimination Field – Italy – Main Legislation - http://www.non-discrimination.net/content/main-legislation-13 (Date of access: 2.12.2011)

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Asylum seekers
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism, Integration - social cohesion
External Url http://www.non-discrimination.net/content/media/2009-IT-Country%20Report%20LN_final.pdf
Situation(s)
“Muslim should go to pray and pee in the desert”
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