Portugal - 2012
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?
- Code:
- RED30
- Key Area:
- Anti-racist Crime Legislation & Implementation
- Strand(s):
- Racism
| Short Answer |
Yes, there is. |
| Qualitative Info |
There are legal provisions on racist motivation as an aggravating factor, but they have been rarely applied.
Under Article 132(2)(4) of the Criminal Code on homicide, motives based on hatred on grounds of race, religious or political convictions, or colour, ethnic origin or nationality, religion, gender or sexual orientation are regarded as aggravating circumstances, resulting in a more severe penalty. Such aggravating circumstances may also apply in cases of assault causing bodily harm under Article 146 of the Criminal Code.
There is no general rule stipulating that such motives constitute aggravating circumstances for all offences. This means that, for other offences, it is left to the courts to decide, on a case by case basis, whether racial motives constitute an aggravating circumstance. |
| Groups affected/interested | Migrants, Ethnic minorities |
| Type (R/D) | Anti-migrant/xenophobia, Inter-ethnic |
| Key socio-economic / Institutional Areas | Anti-discrimination, Anti-racism |
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| Situation(s) |
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