The Framework of Criminal Law

Legislation on Bias-motivated Violence

Bias-motivated Violent Crimes as Specific Offenses	Bias as an Express General Aggravating Factor	Bias as an Aggravating Factor in Specific Common Crimes
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Bias Types Covered by Provisions on Aggravating Circumstances

Race/National Origin/Ethnicity	Religion	Sexual Orientation	Gender	Disability	Other
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Bias as an Express General Aggravating Factor

Article 63 of the Criminal Code is a general sentencing provision that identifies aggravating circumstances that give rise to more serious penalties, including under part (1)(f) “a motive of ethnic, racial, or religious hatred” in the commission of crimes. It does not set out the scope of these enhanced penalties.

Bias as an Aggravating Factor in Specific Common Crimes

Several other Criminal Code articles provide specific penalty enhancements for crimes committed with those same motives. Article 104 punishes murder with incarceration ranging from six to twelve years. Article 104(2)(m) defines murder “with a motive of national, racial, or religious hatred” as punishable “by incarceration for eight to fifteen years, or by life imprisonment.”

Other acts which can be treated as hate crimes include: deliberate infliction of grievous bodily harm (article 112), deliberate infliction of moderate bodily harm article 113, torture (article 119), willful destruction of property (article 185), desecration of cemeteries (article 265). Higher penalties are established for each of these crimes when committed “with a motive of national, racial, or religious hatred.”[1]

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[1] Criminal Code of the Republic of Armenia, April 18, 2003: http://www.legislationline.org/topics/country/45/topic/4.