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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
27/12/2011 - 16:25
Short Answer

Under the section 132-76 of the Criminal Code the racist motivation is an aggravating factor.

Qualitative Info

The principle sanctions are criminal imprisonment for life for murder; twenty years' criminal imprisonment (for torture or acts of barbarity, acts of violence causing an unintended death, destroying, defacing or damaging property belonging to other persons by means liable to create a danger to other persons); 15 years' criminal imprisonment (for acts of violence causing mutilation or permanent disability); 10 years' imprisonment for extorsion; 5 years'  imprisonment (for acts of violence causing a total incapacity to work for more than eight days, threats to commit a felony or a misdemeanour against persons made together with an order to fulfil a condition, threats of death); 3 years' imprisonment (for acts of violence causing an incapacity to work of 8 days or less or causing no incapacity to work,  destroying, defacing or damaging property belonging to other persons); 2 years' imprisonment (threats to commit a felony or a misdemeanour against persons), etc. Sometimes these sanctions are accompanied by fines.

In 2010 the Criminal Court issued  567 condemnations  including a racist offence; 397 condemnations related to racist offence as main offense; 298 condemnations related to racist offense only.

 

 

 

 

 

 

 

 

 

 

Groups affected/interested
Type (R/D)
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-racism
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