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Is there a legal definition of racist-hate crime?

Key Area:
Anti-racist Crime Legislation & Implementation
08/03/2012 - 12:22
Short Answer

yes, but very broad.

Qualitative Info
  1. The article of the Criminal Code on violence against member(s) of a community[1] was amended in 2008.[2] As a result, this article of the Criminal Code, governing previously ‘violence against a member of a national, ethnic, racial or religious group’, was extended to cover any group of the population. The name of the offence was also modified to ‘violence against member(s) of a community’. As a result of the amendment, individuals engaged in the preparation of violence against a member of a community shall also be held criminally liable.[3] Based on the amendments, the new provision is the following: (1) Any person who assaults another person for being part, whether in fact or under presumption, of a national, ethnic, racial, or religious group, or certain groups of the population, or compels her/him by applying coercion or duress to do, not to do, or to endure something, is guilty of a felony punishable by imprisonment for up to five years. (2) The punishment shall be imprisonment between two to eight years if the act or crime is committed: a) by force of arms; b) with a deadly weapon; c) causing a considerable injury of interest; d) with the torment of the injured party; e) as part of a group; or, f) as part of a criminal conspiracy. (3) Any person who engages in preparing violence against a member of a community is guilty of a misdemeanour punishable by imprisonment for up to two years.

[1]     Hungary/Act IV (1978), Article 174/B.

[2]     On 10 November 2008, the Hungarian National Assembly adopted Hungary/Act No. LXXIX (2008), on Certain Amendments Necessary to Protect Public Order and the Operation of the Judiciary, which modified Article 174/B of the Criminal Code, effective 1 February 2009.

[3]     Hungary/Act No. LXXIX (2008), Article 2.


Groups affected/interested Migrants, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Lesbian, Gay, Bisexual and Transgender, Persons with disability
Type (R/D) Extremism - organised Racist Violence, Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
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