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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
16/02/2012 - 17:07
Short Answer

Yes, there is a legal provision on racist motivation as an aggravating factor.

Qualitative Info

The Criminal Code contains a provision for increasing the punishment (Section 6:5). The ground for increasing the punishment is that the offence is motivated by the victim's race, colour of skin, origin, national or ethnic origin, religion or belief, sexual orientation and disability or other comparable motive.

There are no statistics available on how many times the provision is applied annually.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Anti-racism
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