Indicator in all countries

If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?

• Austria

  Racist or xenophobic motivations as an aggravating factor of an ordinary crime are very rarely applied. They should be taken into account when it comes to the question of the scope of the penalty.

• Bulgaria

  The legal provisions on racist motivation as an aggravating factor are effective since 27 May 2011 and there is no relevant practice on their implementation.

• Cyprus

  The provision in question has never been applied so far.

• Denmark

  The relevant provision is rarely applied.

• Finland

  Yes, there is a legal provision on racist motivation as an aggravating factor.

• France

  Under the section 132-76 of the Criminal Code the racist motivation is an aggravating factor.

• Germany

  No data available.

• Greece

  Yes, but rarely applied

• Hungary

  yes

• Ireland

  The short answer to this is no. Minister of Justice Alan answered a question on the subject in parliamentary questions; he stated that “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.”

• Italy

  Yes.

• Poland

  No data available.

• Portugal

  Yes, there is.

• Romania

  YES.

• Slovenia

  Slovenian Criminal Code does not contain any specific provisions establishing racist motivation as an aggravating circumstance. 

• Spain

  Yes.

• Sweden

  Yes