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

Key Area:
Anti-racist Crime Legislation & Implementation
12/01/2012 - 23:00
Short Answer


Qualitative Info

Slovenian Criminal Code does not contain any specific provisions establishing racist motivation as an aggravating circumstance. 
Article 49 of the Criminal Code (General Rules on Sentencing) only states that the courts shall, when deciding on the penalties, consider all of the relevant circumstances, which have an influence on decision making (mitigating and aggravating circumstances), including, among other things, the offenders’ motives.
The only case where violation of equality establishes a graver (but separate) criminal offence is in Article 116 which specifies violation of equality as one of the circumstances that differentiate murder from manslaughter (which is covered in Article 115).


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, Africans/black people, National minorities
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, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism
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