International crimes [1]

Law relating to the repression of the serious violations of humanitarian international law, 10 February 1999.

Incitement to hatred / Dissemination of racist ideas [2]

By virtue of Article 1(2) of the anti-racism law, penalties may be imposed on persons who under the circumstances described in Article 444 of the Penal Code:

- incite discrimination, hatred or violence against a person on account of his race, colour, origin or national or ethnic descent (para.1);

- incite discrimination, segregation, or violence against a group, community, or the members of it on account of the race, colour, origin or national or ethnic descent of these members or some of these members (para. 2);

- publicly announces his intention towards discrimination, hatred or violence against a person on account of his race, colour, origin, descent or nationality (para. 3)

- publicly announces his intention towards discrimination, segregation, hatred or violence against a group, community or members thereof, on account of the race, colour, origin, descent or nationality of these members or some of these members (para. 4).

In order to be prosecuted, publicising one’s intention towards discrimination, hatred or violence must be carried out under the circumstances described in Article 444 of the Penal Code.

This requirement means that discrimination must take place: in public places; in places that are accessible to a limited number of people; in any place if witnesses are present; by distributing texts either by selling or publicly displaying them; lastly, by sending or proclaiming texts to various individuals.

The anti-racism law only penalises “public” expression of opinion.

Holocaust denial [3]

Law of 23 March 1995 against denying, minimizing, justifying or approving of the genocide carried out by the German National Socialist regime during the Second World War. 

Personal violence

Destruction of property

Civil rights violations

On 31 July 1981, the law penalising certain acts determined by racism and xenophobia was implemented. The anti-racism law does not state that discrimination in se is punishable – only discrimination for specific reasons, i.e. race, skin colour, descent, origin or nationality. The 1994 amendment introduced a description of discrimination as any form of distinction, exclusion, restriction or preference, whose purpose or whose result is or could be to destroy, compromise or limit the equal recognition, enjoyment or exercise of human rights and the fundamental freedoms on a political, economic, social or cultural level, or in any other area of social life. (Article 1(1) of the anti-racism law).

Racist organizations [4]

Racist cyber-crime

Aggravating circumstances

Act of 25 February 2003 "aimed at combating discrimination and modifying the Act of 15 February 1993 which establishes the Centre for Equal Opportunities and the Fight against Racism" provides for a specific aggravating circumstance: Articles 7-14 of the Act provide that hatred, contempt or hostility based, inter alia, on supposed race, colour, descent, religious convictions, and national or ethnic origin are aggravating circumstances in respect of a certain number of offences. These offences are: indecent assault and rape; murder, battery and assault; non-assistance to a person in danger; violation of the personal liberty and of the inviolability of private property committed by private individuals; harassment; insulting the honour or the reputation of a person; arson; destruction of movable property.

Bias types [5]

Race, skin colour, descent, religious convictions, national origin, ethnicity.