Indicator history

Art.75 point c1 of the Penal Code prescribes the aggravating circumstance for any crime when it is motivated by hate: "committing a criminal offence on the ground of race, nationality, ethnicity, language, religion, gender, sexual orientation, opinion, political belonging, belief, wealth, social origin, age, disability, uncontagious cronic disease, HIV/AIDS infection."

Special penal law provisions describing criminal offences that may fall under the category of hate crimes are prescribed in Art.247 (Abuse in service by restricting certain rights), Art.317 (Instigation to discrimination), Art.318 (Hindering the freedom of religious denominations), Art.319 (Desecration of graves) of the Penal Code. For the first two criminal offences, the sanctions are with imprisonment ranging from 6 months to 5 years. For the last two they range between a criminal fine or imprisonment from 1 month to 3 years.

The aggravating circumstance was introduced and Articles 247 and 317 were amended to cover all grounds of discrimination expressly covered by the Anti-discrimination Law through the adoption of the Law No.278/2006 for the modification and completion of the Penal Code and other laws.

Emergency Government Ordinance No.31/2002 forbidding organizations and symbols having a fascist, racist or xenophobic nature and the promotion of adoration of persons guilty of committing crimes against peace and humanity approved with amendments by Law No.107 of 27 April 2006 adds to the Penal Code other offences of instigation to hatred.

The statute punishes with imprisonment from 3 to 15 years the acts of establishing, adhering or supporting an organization having a fascist, racist or xenophobic nature (Art.3).

It also sanctions with imprisonment from 3 months to 3 years the public dissemination or distribution of tracts, pictures or other material having a fascist, racist or xenophobic nature, as well as producing or possessing with the aim of disseminating this kind of material (Art.4). The person is exempted when the acts are committed in the interest of art, science, research or education (Art.4.(3)).

The statute also punishes  with imprisonment from 3 months to 3 years the use in public of symbols having a fascist, racist or xenophobic nature (Art.5). The person is exempted when the acts are committed in the interest of art, science, research or education (Art.4.(3)).

The same penalty is stated for the promotion of fascist, racist or xenophobic ideology done through propaganda, by any means, committed in public (Art.5). For the denial of the Holocaust or its effects, the penalty is higher - imprisonment from 6 months to 5 years (Art.6).