Sweden - 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 |
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| Qualitative Info |
Existing Swedish legislation complies with the provisions of the Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law. The provision on agitation against a national or ethnic group in the Penal Code is the main provision implementing the Framework Decision. The text of the provisions transposing the obligations under the Framework Decision into Swedish law was transmitted to the Council and the Commission on 28 November 2010.
Aggravating circumstances concerning common offences with a racist motive, Chapter 29, section 2 (7) of the Penal Code provides for the racist motives of offenders to be taken into account as an aggravating circumstance when sentencing in cases of criminal acts such as assault, unlawful threat, molestation and inflicting damage. The aggravating circumstances include: ‘a motive for the crime was to aggrieve a person, ethnic group or some other similar group of people by reason of race, colour, national or ethnic origin, religious belief, sexual orientation or other similar circumstances.
Source: The Swedish Penal Code, Chapter 29, section 2 (7), http://www.sweden.gov.se/content/1/c6/02/77/77/cb79a8a3.pdf Hate crimes, 2010, the Swedish National Council for Crime Prevention (Brottsförebygganderådet, Brå), http://www.bra.se/extra/pod/?action=pod_show&id=75&module_instance=11
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| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Asylum seekers, Persons with disability, Africans/black people, National minorities | ||
| Type (R/D) | Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Anti-roma/zinghanophobia, Intra-ethnic, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia | ||
| Key socio-economic / Institutional Areas | Anti-discrimination, Anti-racism, Daily life, Religion | ||
| External Url | http://www.bra.se/ | ||
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