Print   

Criminal Code of Luxembourg (Law of 16 June 1879) (excerpts)

Aggravating Circumstances
Article 453 (L. 19 July 1997)
Any violation of the integrity of a corpse, by any means whatsoever, shall be punished with imprisonment from one month to two years and a fine of 251 euros to 25,000 euros.
The violation or desecration by any means whatsoever, of tombs, graves or monuments erected to the memory of the dead, shall be punished with imprisonment from one month to two years and a fine of 251 euros 25,000 euros.
The penalty is increased to three years imprisonment and a fine of 37,500 euros when the offenses defined in the preceding paragraph have been accompanied by affecting the integrity of the corpse.

Article 457-2 (L. 19 July 1997)
When the offenses defined in section 453 were committed because of membership or non-membership, real or supposed, of the deceased person to a particular ethnic group, nation, race or religion, the penalties are six months to three years and a fine of 251 euros to 37,500 euros or one of those penalties.

Incitement to violence
Article 454 (L. 28 November 2006)
Discrimination is an any distinction between individuals is due to their origin, the color of their skin, their gender, sexual orientation, marital status, their age, their health status, disability, their manners, their political or philosophical opinions, their union activities, membership or non-membership, real or supposed, to an ethnic group, nation, race or religion.
It also constitutes discrimination when any distinction is made between legal persons, groups or communities of people, because of origin, skin color, gender, sexual orientation, family situation, their age , the state of health, disability, morals, political opinions or philosophical beliefs, trade union activities, membership or non-membership, real or supposed, to an ethnic group, nation, race, or a religion, members or some members of those corporations, groups or communities.
(...)

Article 457-1 (L. 19 July 1997)
The following shall be punished with imprisonment from eight days to two years and a fine of 251 euros to 25,000 euros or one of those penalties:
(1) any person, whether through speeches, shouting or threats uttered in public places or public meetings or by written or printed matter, drawings, engravings, paintings, emblems, pictures or any other medium of writing, speech or image sold or distributed, sold or exhibited in public places or public meetings or by posters or posters displayed in public, or by any means of audiovisual communication, incites to acts specified in Article 455 to hatred or violence in respect of a person or entity, group or community based on one of the items referred to in Article 454;
(...)

(3) anyone who prints or causes to be printed, manufactures, possesses, transports, imports, exports, manufacture, import, export or transport, put into circulation on the territory of Luxembourg, was sent from the territory of Luxembourg, presents a post or another professional responsible for mail delivery on the territory of Luxembourg, transits through the territory of Luxembourg, writings, printed matter, drawings, engravings, paintings, posters, photographs, cinematograph films, emblems, pictures or any other medium of writing, of speech or image, of a nature to incite acts provided for in section 455, to hatred or violence in respect of a person or entity, group or community , based on one of the items referred to in Article 454.
Confiscation of items listed above will be imposed in all cases.