Spain - 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. |
| Qualitative Info |
The aticle number 66 of the Penal Code establishes that "when only one or two aggravating circumstances take place, the sentence will be applied on the upper half of what is fixed by the Law for that offense". SInce year 2005, this aggravating has only been applied in ten cases (Recomendation number 10 of the Fourth report about Spain ECRI). Concerninng the types of sanctions it will depend on the penal circumstances they are charged on. |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities |
| Type (R/D) | |
| Key socio-economic / Institutional Areas | Policing - law enforcement, Anti-discrimination, Anti-racism |
| External Url | http://www.lexureditorial.com/leyes/cp04z4.htm |
| Situation(s) |
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| Library |
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