Indicator history

There are various provisions in the field of racist and other hate crimes in the Criminal Code:

Bias Motive is an aggravating factor of an ordinary crime (to be taken into account when it comes to the question of the scope of the penalty): Sec. 33 Criminal Code: Besondere Erschwerungsgründe (particular aggravating grounds) item 5  contains the aggravating circumstances of racist, xenophobic or other particularly condemnable motivations.

Sec. 283 (1) Criminal Code makes Verhetzung (incitement to hatred) a punishable offence: incitement to hatred is the public inducement or incitement to the commission of a hostile act in a manner likely to endanger public order against a church, or religious community (existing in the state) or against a group determined by the appurtenance to such a church or religious community, race, colour of skin, nationality, national or ethnic group, gender, disability, age or sexual orientation. This provision stipulates punishment of up to two years imprisonment. Sec. 283 also punishes public agitation against such a group or insulting or disparaging it in a manner violating human dignity (para. 2).

Sec. 115 Criminal Code makes Beleidigung [defamation] a punishable offence,  i.e. to insult, mock, inure or threaten to injure third persons in public or in the presence of several others (i.e. in the presence of more than two persons who are different from the perpetrator and the victim and who can notice the incident). According to Sec. 117 (3) Criminal Code  such offences shall be prosecuted ex officio by the public prosecutor subject to the victim’s consent if they are committed by reason of the victim’s membership of one of the groups mentioned in Sec. 283 (1) Criminal Code.

Source:

• http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296 http://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_00674/fname_184138.pdf