Indicator history

Art.317 of the Penal Code sanctions the criminal offence of instigation to discrimination which is defined as: "Instigation to hatred on the ground of race, nationality, ethnicity, language, religion, gender, sexual orientation, opinion, political affiliation, belief, wealth, social origin, age, disability, uncontagious cronic disease or HIV/AIDS infection is punishable with imprisonment from 6 months to 3 years or with a penal fine."

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).