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If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?

Code:
RED30
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
25/11/2011 - 22:14
Short Answer

No data available.

Qualitative Info

According to the Polish Criminal Code, the court is invited to take into account the racist motive of an offence as part of specific penalisation guidelines set out in one of the articles of the Criminal Code. The guidelines point to the motive of action or inaction of the perpetrator as one of the circumstances affecting the scope of the penalty. They do not contain a list exhaustive or indicative of factors that could amount to aggravating circumstances. It is not possible to state how often it is applied by courts in the cases of hate crimes and how the judges follow the sentencing recommendation in the case of crimes related to someone’s origin.

Groups affected/interested
Type (R/D)
Key socio-economic / Institutional Areas
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553
Situation(s)
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