Italy

Hate Crimes

The following overview of hate crimes legislation is based on information submitted directly to the ODIHR by Italy during the course of 2004-2005. While, in some instances, the wording of the legislation may appear unclear, it has not been changed from its original form.

On the basis of this structure, ODIHR enourages pS to submit relevant information to fill in any gaps.

Legislation is constantly updated, and therefore the provisions cited are subject to change. The term racist is illustrative and does not exclude other bias types. The use of "Article", "Section", or § refers to parts of the respective Criminal Code.

International crimes [1]	Law N° 962, 9 October 1967, Prevention and Repression of the Crime of Genocide
Incitement to hatred / Dissemination of racist ideas [2]	Law N° 205/1993 prohibits the dissemination of ideas based on superiority or racial and ethnic discrimination, as well as the incitement to commit or the commission of discriminatory acts for racial, ethnic, national or religious reasons (Section 3(1) a. of Law N° 654/1975 as amended by Law N° 205/1993). It also punishes the incitement to commit or the commission of violent acts or provocation on racial, ethnic, national or religious grounds (Section 3(1) b. of Law N° 654/1975 as amended by Law N° 205/1993). In addition, the display or manifestation of emblems or symbols of organisations, associations, movements inciting to discrimination or violence for racial, ethnic, national or religious reasons is punished, especially when it takes place at public meeting or sport events (Section 2 of Law N° 205/1993).
Holocaust denial [3]
Personal violence	Commission of violent acts on racial, ethnic, national or religious grounds (Section 3(1) b. of Law N° 654/1975 as amended by Law N° 205/1993).
Destruction of property
Civil rights violations
Racist organizations [4]	Establishment of, participation in or assistance to organisations, associations, movements or groups aiming to incite to racial discrimination or hatred (Section 3(2) of Law N° 654/1975 as amended by Law N° 205/1993).
Racist cyber-crime
Aggravating circumstances	Section 3 of the Law N° 205/1993 introduces a general aggravating circumstance for all offences committed with a view to discrimination on racial, ethnic, national or religious ground or in order to help organisations with such purposes. The Law also provides that any racially aggravated offence is prosecuted ex officio.
Bias types [5]	Race, ethnicity, religion, national origin.

[1] Relevant international crimes include genocide, apartheid, slavery and persecution.

[2] Includes (public) incitement to racial discrimination, violence or hatred; (public) dissemination of ideas based on racial superiority or hatred; (public) insults and threats.

[3] Includes public denial or gross trivialization of international crimes, especially genocide/the Holocaust.

[4] Includes creation, support, participation.

[5] Includes bias types referred to in definitions of crimes and as aggravating factors, but excludes crimes based on denying equality of citizens, which tend to encompass broader grounds for discrimination.

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