Editing Hate crime (section)

===Europe and Asia===

====Council of Europe====
Since 2006, with the [[Additional Protocol to the Convention on Cybercrime]], most signatories to [[Convention on Cybercrime|that Convention]] – mostly members of the [[Council of Europe]] – committed to punish as a crime racist and xenophobic [[hate speech]] done through the [[internet]].
<ref>{{cite web |title=Full list - Treaty Office - www.coe.int |url=https://www.coe.int/en/web/conventions/full-list?module=signatures-by-treaty&treatynum=189 |website=Treaty Office}}</ref>

====Andorra====
Discriminatory acts constituting harassment or infringement of a person's dignity on the basis of origin, citizenship, race, religion, or gender (Penal Code Article 313). Courts have cited bias-based motivation in delivering sentences, but there is no explicit penalty enhancement provision in the Criminal Code. The government does not track hate crime statistics, although they are relatively rare.<ref name="human" />

====Armenia====
[[Armenia]] has a penalty-enhancement statute for crimes with ethnic, racial, or religious motives (Criminal Code Article 63).<ref name="human" />

====Austria====
[[Austria]] has a penalty-enhancement statute for reasons like repeating a crime, being especially cruel, using others' helpless states, playing a leading role in a crime, or committing a crime with racist, xenophobic or especially reprehensible motivation (Penal Code section 33(5)).<ref>[http://www.jusline.at/33_Besondere_Erschwerungsgr%C3%BCnde_StGB.html § 33 StGB Besondere Erschwerungsgründe], StGB, accessed 15 February 2015.</ref> Austria is a party to the Convention on Cybercrime, but not the Additional Protocol.

====Azerbaijan====
[[Azerbaijan]] has a penalty-enhancement statute for crimes motivated by racial, national, or religious hatred (Criminal Code Article 61). Murder and infliction of serious bodily injury motivated by racial, religious, national, or ethnic intolerance are distinct crimes (Article 111).<ref name="human" /> Azerbaijan is a party to the Convention on Cybercrime, but not the Additional Protocol.

====Belarus====
[[Belarus]] has a penalty-enhancement statute for crimes motivated by racial, national, and religious hatred and discord.<ref name="human" /><ref>[http://www.pravo.by/webnpa/text.asp?RN=HK9900275 Criminal Code of the Republic of Belarus, § 64 (1), para. 9 (translated from the Russian)] {{Webarchive|url=https://web.archive.org/web/20110907091126/http://www.pravo.by/WEBNPA/text.asp?RN=hk9900275 |date=2011-09-07 }}, 9 June 1999.</ref>

====Belgium====
[[Belgium]]'s 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 Opposition to Racism|Centre for Equal Opportunities and the Fight against Racism]]") establishes a penalty-enhancement for crimes involving discrimination on the basis of gender, supposed race, color, descent, national or ethnic origin, sexual orientation, civil status, birth, fortune, age, religious or philosophical beliefs, current or future state of health and handicap or physical features. The Act also "provides for a civil remedy to address discrimination."<ref name="human" />  The Act, along with the Act of 20 January 2003 ("on strengthening legislation against racism"), requires the centre to collect and publish statistical data on racism and discriminatory crimes.<ref name="human" /> Belgium is a party to the Convention on Cybercrime, but not the Additional Protocol.

====Bosnia and Herzegovina====
The Criminal Code of [[Bosnia and Herzegovina]] (enacted 2003) "contains provisions prohibiting discrimination by public officials on grounds, inter alia, of race, skin colour, national or ethnic background, religion and language and prohibiting the restriction by public officials of the language rights of the citizens in their relations with the authorities (Article 145/1 and 145/2)."<ref>Office of the High Representative, [http://www.ohr.int/decisions/judicialrdec/doc/HiRep-dec-101-law-crim-code-bih.doc Criminal Code of Bosnia and Herzegovina], January 2003.</ref>

====Bulgaria====
[[Bulgaria]]n criminal law prohibits certain crimes motivated by racism, [[xenophobia]] and sexual orientation (since 2023), but a 1999 report by the [[European Commission against Racism and Intolerance]] found that it does not appear that those provisions "have ever resulted in convictions before the courts in Bulgaria."<ref>ECRI, "Second Report on Bulgaria", adopted on 18 June 1999, and made public on 21 March 2000.</ref>

====Croatia====
The [[Croatia]]n Penal Code explicitly defines hate crime in article 89 as "any crime committed out of hatred for someone's race, skin color, sex, sexual orientation, language, religion, political or other belief, national or social background, asset, birth, education, social condition, age, health condition or other attribute".<ref>{{cite web|url=http://narodne-novine.nn.hr/clanci/sluzbeni/2006_06_71_1706.html |title=71 28.6.2006 Zakon o izmjenama i dopunama Kaznenog zakona |publisher=Narodne-novine.nn.hr |date=28 June 2006 |access-date=14 November 2011}}</ref> On 1 January 2013, a new Penal Code was introduced with the recognition of a hate crime based on "race, skin color, religion, national or ethnic background, sexual orientation or gender identity".<ref>{{cite web |url=http://www.ravnopravnost.hr/web/184/ |title=Centar za LGBT ravnopravnost » Vlada prihvatila prijedloge Centra za LGBT ravnopravnost |publisher=Ravnopravnost.hr |access-date=14 November 2011 |url-status=dead |archive-url=https://web.archive.org/web/20120331011308/http://www.ravnopravnost.hr/web/184/ |archive-date=31 March 2012 }}</ref>

====Czech Republic====
The Czech legislation finds its constitutional basis in the principles of equality and non-discrimination contained in the Charter of Fundamental Rights and Basic Freedoms. From there, we can trace two basic lines of protection against hate-motivated incidents: one passes through criminal law, the other through civil law.
The current Czech criminal legislation has implications both for decisions about guilt (affecting the decision whether to find a defendant guilty or not guilty) and decisions concerning sentencing (affecting the extent of the punishment imposed). It has three levels, to wit:
* a '''circumstance determining whether an act is a crime''' – hate motivation is included in the basic constituent elements. If hate motivation is not proven, a conviction for a hate crime is not possible.
* a '''circumstance determining the imposition of a higher penalty''' – hate motivation is included in the qualified constituent elements for some types of crimes (murder, bodily harm). If hate motivation is not proven, the penalty is imposed according to the scale specified for the basic constituent elements of the crime.
* '''general aggravating circumstance''' – the court is obligated to take the hate motivation into account as a general aggravating circumstance and determines the amount of penalty to impose. Nevertheless, it is not possible to add together a general aggravating circumstance and a circumstance determining the imposition of a higher penalty. (see Annex for details)
Current criminal legislation does not provide for special penalties for acts that target another by reason of his sexual orientation, age or health status. Only the constituent elements of the criminal offence of Incitement to hatred towards a group of persons or to the curtailment of their rights and freedoms and general aggravating circumstances include attacking a so-called different group of people. Such a group of people can then, of course, be also defined by sexual orientation, age or health status. A certain disparity has thus been created between, on the one hand, those groups of people who are victimized by reason of their skin color, faith, nationality, ethnicity or political persuasion and enjoy increased protection, and, on the other hand, those groups that are victimized by reason of their sexual orientation, age or health status and are not granted increased protection. This gap in protection against attacks motivated by the victim's sexual orientation, age or health status cannot be successfully bridged by interpretation. Interpretation by analogy is inadmissible in criminal law, sanctionable motivations being exhaustively enumerated.<ref>{{cite web |url=http://www.in-ius.cz/dwn/zprava-o-nzn2011/report-web.pdf |title=Zpráva o násilí z nenávisti v České republice za rok 2011 |access-date=11 November 2012 |archive-date=11 February 2014 |archive-url=https://web.archive.org/web/20140211152949/http://www.in-ius.cz/dwn/zprava-o-nzn2011/report-web.pdf |url-status=dead }}</ref>

====Denmark====
Although [[Denmark|Danish]] law does not include explicit hate crime provisions, "section 80(1) of the Criminal Code instructs courts to take into account the gravity of the offence and the offender's motive when meting out penalty, and therefore to attach importance to the racist motive of crimes in determining sentence."<ref>ECRI, "Second Report on Denmark," adopted on 16 June 2000, and made public on 3 April 2001, para. 9.</ref> In recent years judges have used this provision to increase sentences on the basis of racist motives.<ref name="human" /><ref>Chahrokh, Klug, and Bilger, Migrants, Minorities, and Legislation.</ref>

Since 1992, the Danish Civil Security Service (PET) has released statistics on crimes with apparent racist motivation.<ref name="human" />

====Estonia====
Under section 151 of the Criminal Code of [[Estonia]] of 6 June 2001, which entered into force on 1 September 2002, with amendments and supplements and as amended by the Law of 8 December 2011, "activities which publicly incite to hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status, if this results in danger to the life, health or property of a person, are punishable by a fine of up to 300 fine units or by detention".<ref>[http://www.legislationline.org/documents/action/popup/id/18762 Criminal Code of Estonia of 6 June 2001, entered into force on 1 September 2002, with amendments and supplements and latest amendment by the Law of 8 December 2011, published in RT I, 29.12.2011, 1 and entered into force on 1 January 2012 (excerpts)] {{Webarchive|url=https://web.archive.org/web/20170827084753/http://www.legislationline.org/documents/action/popup/id/18762 |date=27 August 2017 }}, accessed 27 August 2017</ref>

====Finland====
[[Finland|Finnish]] [[Criminal Code of Finland|Criminal Code]] 515/2003 (enacted 31 January 2003) makes "committing a crime against a person, because of his national, racial, ethnical or equivalent group" an aggravating circumstance in sentencing.<ref name="human" /><ref>EUMC, "Racism and xenophobia in the E.U.," p. 51.</ref> In addition, ethnic agitation ({{langx|fi|kiihotus kansanryhmää vastaan}}) is criminalized and carries a fine or a prison sentence of not more than two years. The prosecution need not prove that an actual danger to an ethnic group is caused but only that malicious message is conveyed. A more aggravated hate crime, warmongering ({{langx|fi|sotaan yllyttäminen}}), carries a prison sentence of one to ten years. However, in case of warmongering, the prosecution must prove an [[overt act]] that evidently increases the risk that Finland is involved in a war or becomes a target for a military operation. The act in question may consist of
# illegal violence directed against a foreign country or its citizens,
# systematic dissemination of false information on Finnish foreign policy or defense
# public influence on the public opinion towards a pro-war viewpoint or
# public suggestion that a foreign country or Finland should engage in an aggressive act.<ref>[https://web.archive.org/web/20050213150526/http://www.finlex.fi/en/laki/kaannokset/1889/en18890039.pdf Penal Code (39/1889)] as of 1006/2004. §§ 6:5.1.4 (ethnic hatred as an aggravating factor), 11:8 (ethnic agitation) and 12:2 (warmongering). The points cited remain in force on the day of retrieval, checked from the Finnish version: [https://www.finlex.fi/fi/lainsaadanto/1889/39-001 Rikoslaki]. The Government proposal [http://217.71.145.20/TRIPviewer/show.asp?tunniste=HE+55/2007&base=erhe&palvelin=www.eduskunta.fi&f=WORD HE 55/2007] {{webarchive|url=https://web.archive.org/web/20110311053343/http://217.71.145.20/TRIPviewer/show.asp?tunniste=HE+55%2F2007&base=erhe&palvelin=www.eduskunta.fi&f=WORD |date=11 March 2011 }} will move the § 11:8 to §11:10 without changing the content, if the proposal is passed by the [[Parliament of Finland]]. Retrieved 23 November 2007.</ref>

====France====
In 2003, France enacted penalty-enhancement hate crime laws for crimes motivated by bias against the victim's actual or perceived ethnicity, nation, race, religion, or sexual orientation. The penalties for murder were raised from 30 years (for non-hate crimes) to life imprisonment (for hate crimes), and the penalties for violent attacks leading to permanent disability were raised from 10 years (for non-hate crimes) to 15 years (for hate crimes).<ref name="human" /><ref>''[http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000781920 Loi n° 2003–88 du 3 février 2003 visant à aggraver les peines punissant les infractions à caractère raciste, antisémite ou xénophobe]''</ref>

====Georgia====
"There is no general provision in Georgian law for racist motivation to be considered an aggravating circumstance in prosecutions of ordinary offenses. Certain crimes involving racist motivation are, however, defined as specific offenses in the Georgian Criminal Code of 1999, including murder motivated by racial, religious, national or ethnic intolerance (article 109); infliction of serious injuries motivated by racial, religious, national or ethnic intolerance (article 117); and torture motivated by racial, religious, national or ethnic intolerance (article 126). ECRI reported no knowledge of cases in which this law has been enforced. There is no systematic monitoring or data collection on discrimination in Georgia."<ref name="human" />

====Germany====
The [[German Criminal Code]] does not have hate crime legislation, instead, it criminalizes [[hate speech]] under a number of different laws, including [[Volksverhetzung]]. In the German legal framework [[motivation]] is not taken into account while identifying the element of the offence. However, within the sentencing procedure the judge can define certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motives and aims of the perpetrator; the state of mind reflected in the act and the willfulness involved in its commission"<ref>{{cite web|url=http://www.iuscomp.org/gla/statutes/StGB.htm#46 |title=Criminal Code (Strafgesetzbuch, StGB) |publisher=Iuscomp.org |access-date=14 November 2011}}</ref> can be taken into consideration when determining the [[punishment]]; under this statute, hate and bias have been taken into consideration in sentencing in past cases.<ref name="Marc Coester 2008">Marc Coester (2008): Das Konzept der Hate Crimes aus den USA unter besonderer Berücksichtigung des Rechtsextremismus in Deutschland. Peter Lang: Frankfurt/Berlin/Bern/Bruxelles/New York/Oxford/Wien</ref>

Hate crimes are not specifically tracked by German police, but have been studied separately: a recently published EU "Report on Racism" finds that racially motivated attacks are frequent in Germany, identifying 18,142 incidences for 2006, of which 17,597 were motivated by right-wing ideologies, both about a 14% year-by-year increase.<ref>{{cite news|url=http://www.spiegel.de/international/germany/0,1518,502471,00.html |title=EU Xenophobia Report: Racism On the Rise in Germany  |work=Der Spiegel |access-date=14 November 2011|date=28 August 2007  }}</ref>  Relative to the size of the population, this represents an eightfold higher rate of hate crimes than reported in the US during the same period.<ref>{{cite web|url=https://www.fbi.gov/news/stories/2007/november/hatecrime_111907 |title=2006 Hate Crime in the U.S |publisher=Fbi.gov |access-date=14 November 2011}}</ref>  Awareness of hate crimes in Germany remains low.<ref>{{cite news|url=http://www.spiegel.de/international/germany/0,1518,502694,00.html |title= Interview with Racism Expert: 'Awareness of Ethnic Discrimination Is Low in Germany' |work=Der Spiegel |access-date=14 November 2011|date= 29 August 2007 }}</ref>

====Greece====
Article Law 927/1979 "Section 1,1 penalizes incitement to discrimination, hatred or violence towards individuals or groups because of their racial, national or religious origin, through public written or oral expressions; Section 1,2 prohibits the establishment of, and membership in, organizations which organize propaganda and activities aimed at racial discrimination; Section 2 punishes public expression of offensive ideas; Section 3 penalizes the act of refusing, in the exercise of one's occupation, to sell a commodity or to supply a service on racial grounds."<ref>ECRI, "Second Report on Greece," adopted on 1999-12-10, and made public on 2000-06-27.</ref> Public prosecutors may press charges even if the victim does not file a complaint. However, as of 2003, no convictions had been attained under the law.<ref>Sitaropoulos, N.: "[http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/legisln/msracequality/greece.pdf Executive Summary on Race Equality Directive, State of Play in Greece] {{webarchive|url=https://web.archive.org/web/20050513164532/http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/legisln/msracequality/greece.pdf |date=13 May 2005 }}, section 5, 2003-10-12. Retrieved on 2007-08-02.</ref>

====Hungary====
Violent action, cruelty, and coercion by threat made on the basis of the victim's actual or perceived national, ethnic, religious status or membership in a particular social group are punishable under article 174/B of the [[Hungary|Hungarian]] Criminal Code.<ref name="human"/> This article was added to the Code in 1996.<ref>{{cite web|url=http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/A.57.18,paras.367-390.En?Opendocument|title= Treaty Bodies Database – Document – Concluding Observations/Comments – Hungary|publisher=United Nations|work=unhchr.ch}}</ref> Hungary is a party to the Convention on Cybercrime, but not the Additional Protocol.

====Iceland====
Section 233a of the Icelandic Penal Code states "Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly abuses a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to two years."<ref>{{cite web|url=http://www.althingi.is/lagas/135a/1940019.html |title=Icelandic Penal Code (in Icelandic) |publisher=Althingi.is |access-date=14 November 2011}}</ref> Iceland is a party to the Convention on Cybercrime, but not the Additional Protocol.

==== India ====
India does not have any specific laws governing hate crimes in general other than [[Hate speech in India|hate speech]] which is covered under the Indian Penal Code.

====Ireland====<!-- Some content from this section has been copied from [[Hate speech laws by country#Ireland]] -->

In legal effect since December 31, 2024 Ireland implemented broad-based comprehensive legislation on hate crimes.<ref>{{cite web | url=https://www.gov.ie/en/press-release/bcddb-new-hate-crime-legislation-comes-into-force/ | title=New hate crime legislation comes into force }}</ref>

The Prohibition of Incitement to Hatred Act 1989 created the offence of inciting hatred against a group of persons on account of their race, colour, nationality, religion, ethnic or national origins, membership of the [[Irish Travellers|Traveller]] community (an indigenous minority group), or sexual orientation.<ref name="human" /><ref>{{cite Irish legislation |year=1989|date=29 November 1989 |number=19 |name=Prohibition of Incitement to Hatred Act 1989}}</ref> Frustration at the low number of prosecutions (18 by 2011) was attributed to a misconception that the law addressed hate crimes more generally as opposed to incitement in particular.<ref>{{cite book |last=Taylor |first=Séamus |url=https://www.ihrec.ie/download/doc/responding_to_racist_incidents_and_racist_crimes_in_ireland.doc |title=Responding to Racist Incidents And Racist Crimes in Ireland |date=October 2011 |publisher=Equality Authority |isbn=978-1-908275-29-5 |series=Issues Papers |location=Roscrea |pages=§§5.2.14–5.2.21 |format=MS Word |access-date=7 November 2017 |no-pp=y}}; {{cite web |date=17 July 2013 |title=Clarification on the Prohibition against Incitement to Hatred Act 1989 |url=http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-9B2LU91733429-en |url-status=dead |archive-url=https://web.archive.org/web/20171108151615/http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-9B2LU91733429-en |archive-date=8 November 2017 |access-date=8 November 2017 |work=Office for the Promotion of Migrant Integration |publisher=Department of Justice and Equality |location=Dublin |df=dmy-all}}</ref>

In 2019, a UN rappourteur told Irish representatives at the [[Committee on the Elimination of Racial Discrimination]], meeting at [[UN Geneva]], to introduce new hate crime legislation to combat the low prosecution rate for offences under the 1989 act – particularly for [[online hate speech]] – and lack of training for the [[Garda Síochána]] on racially-motivated crimes. The rapporteur's points came during [[Opposition to immigration#Ireland|a rise in anti-immigrant rhetoric]] and racist attacks in Ireland and were based on recommendations submitted by the [[Irish Human Rights and Equality Commission]] and numerous other [[Social movement organization|civil society organisations]]. Reforms are supported by the [[Irish Network Against Racism]].<ref>{{Cite news |last=Pollak |first=Sorcha |date=2 December 2019 |title=UN official urges Ireland to introduce hate crime legislation |newspaper=[[The Irish Times]] |url=https://www.irishtimes.com/news/politics/un-official-urges-ireland-to-introduce-hate-crime-legislation-1.4102386}}</ref>

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill known as the "Hate Crime Bill", prohibiting hate speech or incitement to hate crimes based on protected characteristics, is in its Third Stage at the [[Seanad Éireann|Seanad]], Ireland's [[upper house]], {{As of|2023|June|lc=y}} and the ''Irish Times'' reports it is likely to become law in late 2023.<ref>{{Cite web |last= |first= |date=2022-11-01 |title=Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 |url=https://www.oireachtas.ie/en/bills/bill/2022/105 |access-date=2023-08-02 |website=[[Houses of the Oireachtas]] |series=Bill 105 of 2022 |language=en-ie}}</ref><ref name=":1">{{Cite news |last=Keena |first=Colm |date=5 May 2023 |title=Why are Elon Musk and Donald Trump jnr so concerned by Ireland's new hate crime legislation? |url=https://www.irishtimes.com/ireland/2023/05/05/why-are-elon-musk-and-donald-trump-jnr-so-concerned-by-irelands-new-hate-crime-legislation/ |access-date=2023-08-02 |newspaper=The Irish Times |language=en}}</ref> It has drawn concern from the [[Irish Council for Civil Liberties]] and from across the political spectrum (specifically from [[Michael McDowell (politician)|Michael McDowell]], [[Rónán Mullen]], and [[People Before Profit]]), as well as internationally, from business magnate [[Elon Musk]] and political activist [[Donald Trump Jr.]]<ref name=":1" /> [[Paul Murphy (Irish politician)|Paul Murphy]] of People Before Profit said the bill created a "[[Thoughtcrime|thought crime]]" by its criminalisation of possessing material prepared for circulation where circulation would incite hatred.<ref name=":1" /> [[Pauline O'Reilly]], a [[Green Party (Ireland)|Green Party]] senator said that the existing legislation was "not effective" and outdated, adding that the Gardaí saw a rise of 30% in hate crime in Ireland."<ref>{{Cite web |last=Wilson |first=James |date=16 June 2023 |title=Hate Crime Bill should 'start the alarm bells ringing' |url=https://www.newstalk.com/news/hate-crime-bill-should-start-the-alarm-bells-ringing-1476041 |access-date=2023-08-02 |website=[[Newstalk]] |language=en}}</ref>

Data published by the Gardaí showed a 29% increase in hate crimes and hate-related incidents from 448 in 2021 to 582 in 2022.<ref>{{Cite news |last=Kelleher |first=Olivia |date=22 March 2023 |title=Hate crime reports to gardaí rose by 29% last year |url=https://www.irishtimes.com/crime-law/2023/03/22/hate-crime-reports-to-gardai-rose-by-29-last-year/ |access-date=2023-08-02 |newspaper=[[The Irish Times]] |language=en}}</ref> The Gardaí recognise that "despite improvements, hate crime and hate related incidents are still under-reported".<ref>{{Cite web |title=Hate Crime and Hate Related Incidents - 2022 |url=https://www.garda.ie/en/information-centre/statistics/hate-related-infographic-2022.pdf |access-date=2023-08-02 |website=[[Garda Síochána]]}}</ref>

====Italy====
[[Italy|Italian]] criminal law, at Section 3 of Law No. 205/1993, the so-called ''[[:it:Legge Mancino|Legge Mancino]]'' ([[Mancino law]]), contains a penalty-enhancement provision for all crimes motivated by racial, ethnic, national, or religious bias.<ref name="human" /> Italy is a party to the Convention on Cybercrime, but not the Additional Protocol.

====Kazakhstan====
In [[Kazakhstan]], there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority.<ref name="human" />

====Kyrgyzstan====
In [[Kyrgyzstan]], "the Constitution of the State party prohibits any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance, and that the prohibition against racial discrimination is also included in other legislation, such as the Civil, Penal and Labour Codes."<ref>[http://wwjaiw.unhchr.ch/tbs/DOC.NSF/8e9c603f486cdf83802566f8003870e7/1b14be971da31f368025686a00522889?OpenDocument#A%2F54%2F18E CERD, Consideration of Reports Submitted by States Parties under Article 9 of the Convention; Concluding Observations: Kyrgyzstan], 1999. Retrieved on 2 August 2007.</ref>

Article 299 of the Criminal Code defines incitement to national, racist, or religious hatred as a specific offense. This article has been used in political trials of suspected members of the banned organization [[Hizb-ut-Tahrir]].<ref name="human" /><ref>"[http://www.ihfhr.org/documents/doc_summary.php?sec_id=3&d_id=3860 Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003)] {{webarchive|url=https://web.archive.org/web/20110726172327/http://www.ihfhr.org/documents/doc_summary.php?sec_id=3&d_id=3860 |date=2011-07-26 }}, [[International Helsinki Federation]]," 23 June 2004. Retrieved on 2007-08-02.</ref>

==== Netherlands ====
In March, 2025, the Dutch Senate voted in favour of a bill by which penalties for crimes with a discriminatory aim can be aggravated by 1/3. Since the Lower Chamber of Parliament already accepted the bill, this legislation will soon become into effect.

====Poland====
Article 13 of the [[Constitution of Poland]] prohibits organizations "whose programmes or activities sanction racial or national hatred".<ref>{{cite web | url = https://www.sejm.gov.pl/prawo/konst/angielski/konse.htm | title = The Constitution of the Republic of Poland }}</ref>

====Russia====
Article 29 of Constitution of the [[Russia|Russian Federation]] bans [[incitement]] to riot for the sake of stirring societal, racial, ethnic, and religious hatred as well as the promotion of the superiority of the same. Article 282 of the Criminal code further includes protections against incitement of hatred (including gender) via various means of communication, instilling criminal penalties including fines and imprisonment.<ref>{{cite web|url=http://www.wipo.int/edocs/lexdocs/laws/en/ru/ru080en.pdf|title=The Criminal code Of The Russian Federation (in English) |publisher=Wipo.int |access-date=9 August 2017}}</ref> Although a former member of the Council of Europe, Russia is not a party to the Convention on Cybercrime.

====Slovenia====

In 2023, [[Slovenia]] introduced a penalty-enhancement provision in its Penal Code. If the victim's national, racial, religious or ethnic origin, sex, colour, descent, property, education, social status, political or other opinion, disability, sexual orientation or any other personal circumstance was a factor contributing to the commission of the criminal offence, it shall be taken into account when determining the penalty.<ref>{{Cite web |title=Vsebina Uradnega lista |url=https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina |access-date=2023-03-14 |website=Vsebina Uradnega lista {{!}} Uradni list}}</ref>

====Spain====
Article 22(4) of the [[Spanish Penal Code]] includes a penalty-enhancement provision for crimes motivated by bias against the victim's ideology, beliefs, religion, ethnicity, race, nationality, gender, sexual orientation, illness or disability.<ref name="human" />

On 14 May 2019, the [[Spanish Attorney General]] distributed a circular instructing on the interpretation of hate crime law. This new interpretation includes [[Nazism|nazis]] as a collective that can be protected under this law.<ref>{{cite news|first=Alejandro|last=Torrús|url=https://www.publico.es/politica/delitos-odio-fiscalia-considera-delito-incitacion-odio-nazis.html|title=La Fiscalía del Estado considera delito la incitación al odio hacia los nazis|work=[[Público (Spain)|Público]]|date=22 May 2019|access-date=26 May 2019|language=es}}</ref>

Although a member of the Council of Europe, Spain is not a party to the Convention on Cybercrime.

====Sweden====
Article 29 of the Swedish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's race, color, nationality, ethnicity, sexual orientation, religion, or "other similar circumstance" of the victim.<ref name="human" /><ref>{{cite web|url=http://www.sweden.gov.se/content/1/c4/15/36/d74ceabc.pdf |title=Swedish Penal Code |access-date=21 January 2013 |url-status=dead |archive-url=https://web.archive.org/web/20121001050247/http://www.sweden.gov.se/content/1/c4/15/36/d74ceabc.pdf |archive-date=1 October 2012 }}</ref><!-- Map at the Convention on Cybercrime article is out of date: ratified both the convention and the protocol in 2021 -->

====Ukraine====

The [[constitution of Ukraine]] guarantees protection against hate crime:

*Article 10: "In Ukraine, free development, use and protection of Russian and ''other languages'' of ethnic minorities of [[Ukraine]] are guaranteed".
*Article 11: "The State shall promote the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and ethnic minorities of Ukraine".
*Article 24: "There can be no privileges or restrictions on the grounds of race, color of the skin, political, religious or other beliefs, sex, ethnic or social origin, property status, place of residence, language or other grounds".<ref>{{Cite web|url=http://zakon.rada.gov.ua/laws/show/254к/96-вр|title="Constitution of Ukraine" ["КОНСТИТУЦІЯ УКРАЇНИ"]|date=22 November 2018|website=[[Verkhovna Rada]] of Ukraine (official site government all laws in Ukraine)|archive-url=https://web.archive.org/web/20181122123614/http://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80|archive-date=22 November 2018|url-status=live|access-date=10 January 2020}}</ref>

Under the Criminal Codex, crimes committed because of hatred are hate crimes and carry increased punishment in many articles of the criminal law. There are also separate articles on punishment for a hate crime.

Article 161: "Violations of equality of citizens depending on their race, ethnicity, religious beliefs, disability and other grounds: Intentional acts aimed at incitement to ethnic, racial or religious hatred and violence, to demean the ethnic honor and dignity, or to repulse citizens' feelings due to their religious beliefs, as well as direct or indirect restriction of rights or the establishment of direct or indirect privileges of citizens on the grounds of race, color, political, religious or other beliefs, sex, disability, ethnic or social origin, property status, place of residence, language or other grounds" (maximum criminal sentence of up to 8 years in prison).

Article 300: "Importation, manufacture or distribution of literature and other media promoting a cult of violence and cruelty, racial, ethnic or religious intolerance and discrimination" (maximum criminal sentence of up to 5 years in prison).<ref>{{Cite web|url=http://zakon.rada.gov.ua/laws/show/2341-14|title=CRIMINAL CODEX OF UKRAINE ("КРИМІНАЛЬНИЙ КОДЕКС УКРАЇНИ")|date=22 November 2018|website=[[Verkhovna Rada]] of Ukraine (official site government all laws in Ukraine)|archive-url=https://web.archive.org/web/20181122122248/http://zakon.rada.gov.ua/laws/show/2341-14|archive-date=22 November 2018}}</ref>

====United Kingdom====
For [[England]], [[Wales]], and [[Scotland]], the [[Sentencing Act 2020]] makes racial or religious hostility, or hostility related to disability, sexual orientation, or transgender identity an [[aggravation (legal concept)|aggravation]] in [[Sentence (law)|sentencing]] for crimes in general.<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/2020/17/section/66|title=Sentencing Act 2020 section 66|work=legislation.gov.uk}}</ref>

Separately, the [[Crime and Disorder Act 1998]] defines separate offences, with increased sentences, for racially or religiously aggravated assaults, harassment, and a handful of public order offences.

For [[Northern Ireland]], Public Order 1987 (S.I. 1987/463 (N.I. 7)) serves the same purposes.<ref>{{cite web|url=https://www.legislation.gov.uk/nisi/1987/463/contents/made|title=Public Order (Northern Ireland) Order 1987|website=www.legislation.gov.uk|publisher=UK Legislation}}</ref> A "racial group" is a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins. A "religious group" is a group of persons defined by reference to religious belief or lack of religious belief.

"Hate crime" legislation is distinct from "hate speech" legislation. See [[Hate speech laws in the United Kingdom]].

The [[Crime Survey for England and Wales]] (CSEW) reported in 2013 that there were an average of 278,000 hate crimes a year with 40 percent being reported according to a victims survey; police records only identified around 43,000 hate crimes a year.<ref>{{cite news|last = Arnett| first = George| url=https://www.theguardian.com/news/datablog/2013/dec/17/how-prevalent-hate-crime-england-wales | location=London | work=The Guardian | title=Hate crime in England and Wales: how prevalent is it? | date=17 December 2013|access-date=29 June 2016}}</ref>{{update inline|date=August 2020}} It was reported that police recorded a 57-percent increase in hate crime complaints in the four days following the UK's [[2016 United Kingdom European Union membership referendum|European Union membership referendum]]; however, a press release from the National Police Chief's Council stated that "this should not be read as a national increase in hate crime of 57 percent".<ref>[https://www.theguardian.com/uk-news/2016/jun/27/sadiq-khan-muslim-council-britain-warning-of-post-brexit-racism Cameron condemns xenophobic and racist abuse after Brexit vote], ''The Guardian'' 27 June 2016, accessed 29 June 2016</ref><ref>{{cite web|url=http://news.npcc.police.uk/releases/hate-crime-is-unacceptable-in-any-circumstances-say-police|title=Hate crime is unacceptable in any circumstances say police |work=National Police Chief's Council |date=27 June 2016|access-date=13 October 2016}}</ref>

In 2013, [[Greater Manchester Police]] began recording attacks on goths, punks and other [[alternative culture]] groups as hate crimes.<ref>{{cite news| url=https://www.theguardian.com/uk/2013/apr/03/manchester-police-goths-punks-hate-crime | location=London | work=The Guardian | title=Manchester police to record attacks on goths, emos and punks as hate crimes | date=3 April 2013}}</ref>

On 4 December 2013, [[Essex Police]] launched the 'Stop the Hate' initiative as part of a concerted effort to find new ways to tackle hate crime in Essex. The launch was marked by a conference in [[Chelmsford]], hosted by Chief Constable Stephen Kavanagh, which brought together 220 delegates from a range of partner organizations involved in the field. The theme of the conference was 'Report it to Sort it' and the emphasis was on encouraging people to tell police if they have been a victim of hate crime, whether it be based on race, religion, sexual orientation, transgender identity or disability.<ref>{{cite web |url=http://www.stopthehate.org.uk/2013/12/launch-of-stop-the-hate-initiative |title=Launch of 'Stop the Hate' initiative |publisher=Stop the hate |date=4 December 2013 |access-date=12 July 2014 |archive-url=https://web.archive.org/web/20140723012117/http://www.stopthehate.org.uk/2013/12/launch-of-stop-the-hate-initiative/ |archive-date=23 July 2014 |url-status=dead }}</ref>

[[Crown Prosecution Service]] guidance issued on 21 August 2017 stated that online hate crimes should be treated as seriously as offences in person.<ref>{{cite news | url = https://www.bbc.co.uk/news/uk-40981235|title= Hate crimes: Fresh guidance on online offences | work = BBC News |date=21 August 2017}}</ref>

Perhaps the most high-profile hate crime in modern Britain occurred in [[Eltham]], [[London]], on 24 April 1993, when 18-year-old black student [[Stephen Lawrence]] was stabbed to death in an attack by a gang of white youths. Two white teenagers were later charged with the murder, and at least three other suspects were mentioned in the national media, but the charges against them were dropped within three months after the [[Crown Prosecution Service]] concluded that there was insufficient evidence to prosecute. However, a change in the law a decade later allowed a suspect to be charged with a crime twice if new evidence emerged after the original charges were dropped or a "not guilty" verdict was delivered in court. Gary Dobson, who had been charged with the murder in the initial 1993 investigation, was found guilty of Stephen Lawrence's murder in January 2012 and sentenced to life imprisonment, as was David Norris, who had not been charged in 1993. A third suspect, Luke Knight, had been charged in 1993 but was not charged when the case came to court nearly 20 years later.{{citation needed|date=August 2020}}

In September 2020, the [[Law Commission (England and Wales)|Law Commission]] proposed that sex or gender be added to the list of protected characteristics.<ref>{{cite web|url=https://www.lawcom.gov.uk/reforms-to-hate-crime-laws-to-make-them-fairer-and-to-protect-women-for-the-first-time/|title=Reforms to hate crime laws to make them fairer, and to protect women for the first time|website=www.lawcom.gov.uk |date=23 September 2020}}</ref><ref>{{cite news|last = Scott| first = Jennifer | url = https://www.bbc.co.uk/news/uk-politics-54254541|title= Misogyny: Women 'should be protected' under hate crime laws | work = BBC News |date=23 September 2020 |access-date=23 September 2020}}</ref>

The United Kingdom is a party to the Convention on Cybercrime, but not the Additional Protocol.

A 2021 investigation by ''[[Newsnight]]'' and ''[[The Law Society Gazette]]'' found that alleged hate crimes in which the victim was a police officer were significantly more likely to result in a successful prosecution. The investigation found that in several areas, crimes against police officers and staff constituted up to half of all hate crimes convictions, despite representing a much smaller proportion of reported incidents.<ref>{{cite web|url=https://www.bbc.co.uk/news/uk-56546490|title=Hate crimes on police 'more likely to be charged'|date=27 March 2021|access-date=12 December 2021|publisher=[[BBC News]]|first1=Melanie|last1=Newman|first2=Richard|last2=Watson}}</ref>

=====Scotland=====
Under [[Scotland|Scottish]] [[Scots law#Common law|Common law]] the courts can take any aggravating factor into account when sentencing someone found guilty of an offence.<ref>{{Cite web |title=Chapter 3: Current hate crime legislation in Scotland |url=http://www.gov.scot/publications/independent-review-hate-crime-legislation-scotland-consultation-non-technical-guide/pages/5/ |access-date=2024-06-02 |website=www.gov.scot |language=en}}</ref><ref>{{Cite web |title=How distinctive is Scotland's new approach to sentencing guidelines? – Sentencing Academy |url=https://www.sentencingacademy.org.uk/scottish-sentencing-guidelines/ |access-date=2024-06-02 |language=en-US}}</ref> There is legislation dealing with the offences of incitement of racial hatred, racially aggravated harassment, and prejudice relating to religious beliefs, disability, sexual orientation, and transgender identity.<ref>{{cite web|url=http://www.legislation.gov.uk/asp/2009/8/contents?section-1-7|title=Offences (Aggravation by Prejudice) (Scotland) Act 2009|website=www.legislation.gov.uk |publisher=UK Legislation}}</ref> A [[Scottish Executive]] working group examined the issue of hate crime and ways of combating crime motivated by social prejudice, reporting in 2004.<ref>{{cite web|title=Working Group on Hate Crime|url=http://www.scotland.gov.uk/Topics/Justice/criminal/17543/8978 |archive-url=https://web.archive.org/web/20090107212250/http://www.scotland.gov.uk./Topics/Justice/criminal/17543/8978 |archive-date=7 January 2009}}</ref> Its main recommendations were not implemented, but in their manifestos for the [[2007 Scottish Parliament election]] several political parties included commitments to legislate in this area, including the [[Scottish National Party]], which now forms the Scottish Government.  The Offences (Aggravation by Prejudice) (Scotland) Bill was introduced on 19 May 2008 by [[Patrick Harvie]] MSP,<ref>{{cite web|url=http://www.scottish.parliament.uk/s3/bills/09-AggPrej/index.htm |title=Offences (Aggravation by Prejudice) (Scotland) Bill |publisher=Scottish.parliament.uk |access-date=21 January 2013 |url-status=dead |archive-url=https://web.archive.org/web/20110825214959/http://www.scottish.parliament.uk/s3/bills/09-AggPrej/index.htm |archive-date=25 August 2011 }}</ref>  having been prepared with support from the Scottish Government, and was passed unanimously by the [[Scottish Parliament|parliament]] on 3 June 2009.<ref>{{cite news | url = http://news.bbc.co.uk/1/hi/scotland/8078988.stm|title= MSPs approve new hate crime laws | work = BBC News |date=3 June 2009}}</ref>

The [[Hate Crime and Public Order (Scotland) Act 2021]] comes into force on 1 April 2024.<ref>{{Cite news |last=Amery |first=Rachel |date=13 March 2024 |title=Hate crime law: Glasgow LGBT+ sex shop designated official reporting centre for controversial new laws |url=https://www.scotsman.com/news/politics/hate-crime-law-glasgow-lgbt-sex-shop-designated-official-reporting-centre-for-controversial-new-laws-4553231 |access-date=13 March 2024 |work=The Scotsman}}</ref> Its introduction was criticised by the [[Association of Scottish Police Superintendents]] saying it feared [[Police Scotland]] would be deluged by cases, diverting officers from tackling violent offenders and that the Act threatened to fuel claims of “institutional bias” against the force.<ref>{{Cite news |last=Boothman |first=John |date=28 March 2024 |title=Hate crime law 'will hamper fight against violent offenders' |url=https://www.thetimes.com/uk/scotland/article/hate-crime-law-will-hamper-fight-against-violent-criminals-7t9gs7pq0 |access-date=28 March 2024 |work=[[The Times]]}}</ref>

====== Non-crime hate incidents ======
In March 2024, [[Scottish Conservatives]] MSP [[Murdo Fraser]] threatened [[Police Scotland]] with legal action following his criticism of the [[Scottish Government]]'s transgender policy was logged as a "hate incident" after being told that his name appears in police records for expressing his view about the policy even though no crime was committed.<ref>{{Cite news |last=Bol |first=David |date=25 March 2024 |title=Murdo Fraser accuses police of 'unlawful' behaviour after tweet recorded as 'hate incident' |url=https://www.scotsman.com/news/politics/murdo-fraser-accuses-police-of-unlawful-behaviour-after-tweet-recorded-as-hate-incident-4567214 |access-date=25 March 2024 |work=The Scotsman}}</ref> Fraser had shared a column written by Susan Dalgety for ''[[The Scotsman]]'', which claimed the Scottish Government's 'non-binary equality action plan' would lead to children being "damaged by this cult" and commenting "Choosing to identify as 'non-binary' is as valid as choosing to identify as a cat. I'm not sure governments should be spending time on action plans for either."<ref>{{Cite news |last=Dalgety |first=Susan |date=18 November 2023 |title=Scottish Government is fostering a cult of gender-identity ideology that is destroying lives |url=https://www.scotsman.com/news/opinion/columnists/scottish-government-is-fostering-a-cult-of-gender-identity-ideology-that-is-destroying-lives-susan-dalgety-4413621 |archive-url=https://web.archive.org/web/20231117223305/http://www.scotsman.com/news/opinion/columnists/scottish-government-is-fostering-a-cult-of-gender-identity-ideology-that-is-destroying-lives-susan-dalgety-4413621 |archive-date=17 November 2023 |access-date=25 March 2024 |work=The Scotsman}}</ref>

====Eurasian countries with no hate crime laws====
[[File:Ljeviska007b.jpg|thumb|The famous fresco ''Bathing of the Christ'', after being vandalized by a Kosovo Albanian [[Mobbing|mob]] during the [[2004 unrest in Kosovo]]]]

[[Albania]], [[Cyprus]], [[San Marino]] and [[Turkey]] have no hate crime laws.<ref name="human" /> Nonetheless, all of these except Turkey are parties to the Convention on Cybercrime and the Additional Protocol.