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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
11/01/2012 - 23:41
Short Answer


Qualitative Info

Law on Combating Certain Forms and Expressions of Racism and Xenophobia by means of Criminal Law N.134(I)/2011 which transposes Council Framework Decision 2008/913/JHA, article 8, casts an obligation on the Courts to treat racist and xenophobc motivation as an aggravating factor in sentencing. The law only came into force in October 2011 and no cases have yet been presented to Court invoking its provisions.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Asylum seekers
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
Key socio-economic / Institutional Areas Policing - law enforcement, Political discourse -parties - orgs, Anti-racism, Daily life
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