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In the context of hate crime, is racist motivation treated as an aggravating circumstance?

Code:
RED29
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
27/02/2012 - 11:51
Short Answer

Yes, in the context of hate crime, racist motivation is treated as an aggravating circumstance.

Qualitative Info

The revision of the Penal Code through Law 59/2007 introduced discrimination as an aggravating factor for other crimes.
Racial, religious or political hate are considered aggravating grounds in the case of murder, according to Article 132º, 2, f) of the Penal Code, as well as motivation by the colour, ethnic or national origin, sex or sexual orientation of the victim. According to the law, aggravated murder means that the death « was produced in circumstances that are especially condemning or perverse », discrimination on the abovementioned grounds being one such circumstance, among others, listed in the law. In the case of aggravated murder, the offender can be punished with twelve to twenty-five years of jail .
Racial, religious, ethnic and national discrimination are also grounds of aggravation when it comes to physical assault. Article 145º of the Penal Code sets for the crime of physical assault the same grounds of aggravation as in the case of murder, listed above .

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