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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
14/12/2011 - 15:34
Short Answer


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.  

[1] Hungary/Act IV (1978), Article 166.

[2] Hungary/Act IV (1978), 170.


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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