Italy - 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 |
The Criminal Code of Italy contains provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing. In particular, Section 3(1)(b) of Law 654/1975, as amended by Section 3 of the Law 205/1993 (which defines racial discrimination as both a crime in itself and as an aggravating factor in other criminal acts) introduces a general aggravating circumstance for all offences committed with a view to discrimination on racial, ethnic, national or religious ground or in order to help organizations with such purposes. Source: http://www.ohchr.org/Documents/Issues/Expression/ICCPR/Vienna/Annexes/Italy.pdf |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Africans/black people |
| Type (R/D) | Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia |
| Key socio-economic / Institutional Areas | Anti-discrimination, Anti-racism |
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