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Is there a legal definition of racist-hate crime?

Key Area:
Anti-racist Crime Legislation & Implementation
23/12/2011 - 12:33
Short Answer

NO, just the aggravating circumstance from Art.75 point c1 of the Penal Code and some criminal offences that fall under the category of hate crimes but are specific for certain areas/perpetrators/victims (Art.247, Art.317, Art.318, Art.319 of the Penal Code, and Emergency Government Ordinance No.31/2002 approved with amendments by Law No.107 of 27 April 2006).

Qualitative Info

There is no general definition of hate crime as such, only the aggravating circumstance that applies for any criminal offence, four special penal law provisions describing criminal offences that may fall under the category of hate crimes (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), and criminal offences with regards to 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 (Emergency Government Ordinance No.31/2002 approved with amendments by Law No.107 of 27 April 2006).

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism
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