2012
In the context of hate crime, is racist motivation treated as an aggravating circumstance?
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Austria
Racist and xenophobic motivation is an aggravating factor of an ordinary crime.
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Bulgaria
Yes.
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Cyprus
Yes
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Denmark
Yes.
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Finland
Yes, racist motivation is treated as an aggravating circumstance.
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France
Yes
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Germany
No.
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Greece
Yes
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Hungary
Yes.
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Ireland
Minister of Justice Alan Shatter: “where criminal offences such as assault, criminal damage, or public order offences, are committed with a racist motive they are prosecuted as generic offences through the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing... in all the circumstances, I have no plans, at present, for new or amended legislation to deal with incitement to hatred or racially motivated crime.
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Italy
Yes.
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Poland
It depends on a judge.
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Portugal
Yes, in the context of hate crime, racist motivation is treated as an aggravating circumstance.
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Romania
YES
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Slovenia
No.
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Spain
Yes, although there are few court cases that apply this aggravating.
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Sweden
Yes