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Criminal Code (excerpts)

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Art. 604-ter [Aggravating circumstance]

The penalty shall be increased by up to a half of the sentence for crimes punishable with a penalty other than life imprisonment committed for purposes of discrimination or ethnic, national, racial or religious hatred, or to facilitate the activities of organizations, associations, movements or groups having said purposes.

The mitigating circumstances, other than the one envisaged under Section 98, when concomitant with the aggravating circumstance set out in subsection 1, may not be deemed equal to or more important than the latter and sentence reductions shall be based on the length of the sentence resulting from the increase consequent to the aforesaid aggravating circumstance.

 

Art. 604-bis [Propaganda and incitement to commit crime for discrimination on racial, ethnic and religious grounds]

Unless the fact constitutes a more serious offence:

a) whoever disseminates ideas based on racial superiority or racial/ethnic hatred, or incites to commit/commits discrimination acts on racial, ethnic, national or religious grounds shall be punished with imprisonment up to one year and six months or with a fine up to 6,000 euro;

b) whoever, in any way, incites to commit/commits violence or acts of provocation of violence on racial, ethnic, national or religious grounds shall be punished with imprisonment from six months to four years;

Any organization, association, movement or group which, in any way, incites to discrimination or violence on racial, ethnic, national or religious grounds shall be prohibited.

Whoever participates in said organizations, associations, movements or groups or supports their activities shall, by the mere fact of participating or supporting, be punished with imprisonment from six months to four years.

Whoever promotes or directs said organizations, associations, movements or groups shall, for that reason alone, be punished with imprisonment from one to six years. The punishment shall be from two to six years’ imprisonment if the propaganda or the instigation and incitement - committed in such a way that a real danger of dissemination arises - are fully or partially based on the denial, gross trivialization or condoning of the Holocaust, or the crimes of genocide, crimes against humanity and war crimes set out in Articles 6, 7 and 8 of the Statute of the International Criminal Court.

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