Hungary - 2012
In the context of hate crime, is racist motivation treated as an aggravating circumstance?
- Code:
- RED29
- Key Area:
- Anti-racist Crime Legislation & Implementation
- Strand(s):
- Racism
| Short Answer |
Yes. |
| Qualitative Info |
Certain articles of the Criminal Code, such as those covering murder (‘homicide’)[1] or the causing of grievous bodily harm (‘battery’)[2] expressly grant judges the discretion to take into account ‘base motivations’ when sentencing offenders, therefore judges in such cases may thus take racist or other bias motivation into account as an aggravating circumstance. However, while judges may take racist or other bias motivation into account as a ‘base motivation’, racist or other bias motivation is not expressly listed in the relevant provisions of the Criminal Code. No general provision exists in Hungarian law under which racist or other bias motivation constitutes an express aggravating circumstance in ordinary criminal offences.
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| Groups affected/interested | Roma & Travelers, Ethnic minorities, Religious minorities, Lesbian, Gay, Bisexual and Transgender |
| Type (R/D) | Extremism - organised Racist Violence, Anti-semitism, Anti-roma/zinghanophobia |
| Key socio-economic / Institutional Areas | Anti-racism |
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| Situation(s) |
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| Library |
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