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In the context of hate crime, is racist motivation treated as an aggravating circumstance?

Code:
RED29
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
11/02/2012 - 15:14
Short Answer

Yes

Qualitative Info

"The motives of the crime are taken into account when determining the sentence so racist motives can be considered as aggravating circumstances. According to the article 23 of Law 3719/2008, amending article 79 of the Criminal Code (Presidential Decree n.283/1985), committing an offence on the basis of, inter alia, ethnic, racial or religious hatred is considered an aggravating circumstance.[1]


Source:

 

  • Pavlou M & Prearis K, 2010 (HLHL-KEMO), RAXEN Thematic Study: Racist and related hate crimes in the EU - Greece?i=red-network.en.library.195, Accessed on 24.2.2013.

 

 

[1] In its 4th report on Greece, ECRI noted with satisfaction that, according to Article 23 of Law 3719/2008, amending Article 79 of the Criminal Code, committing an offence on the basis of, inter alia, ethnic, racial or religious hatred is considered an aggravating circumstance, as recommended in its  General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination. ECRI Report on Greece, fourth monitoring cycle, September 2009. http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Greece/GRC-CbC-IV-2009-031-ENG.pdf

 

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
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-discrimination, Anti-racism
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