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 |
| X | X |
Bias Types Covered by Provisions on Aggravating Circumstances
| Race/National Origin/Ethnicity | Religion | Sexual Orientation | Gender | Disability | Other |
| X | X | X |
Bias as an Express General Aggravating Factor
The Criminal Code of Belarus contains general provisions that expressly enable racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance for sentencing.
On July 21, 2008, Belarus amended its Criminal Code, expanding the grounds that can be considered as aggravating circumstances in crimes to include “political or ideological enmity” and “hatred or discord toward a social group.” Previously, the provisions only addressed crimes motivated by racial, national and religious hatred or discord.[1]
Following the amendments, Article 64 of the Criminal Code, a general sentencing provision identifying aggravating circumstances, states in part (1)(i) that “a motive of racial, national, or religious hatred, political or ideological enmity, as well as hatred or discord toward a social group” allows for more serious penalties. However, it does not explicitly state the scope of the enhanced penalties.
Bias as an Aggravating Factor in Specific Common Crimes
Article 139 (Murder) stipulates “a motive of racial, national, or religious hatred, political or ideological enmity, as well as hatred or discord toward a social group” allows for more serious penalties. This aggravating factor increases the sentence range for murder from 6 to 18 years imprisonment to 8 to 25 years, life imprisonment or capital punishment.
Other applicable provisions of the Criminal Code to violent hate crimes include article 147 on “Deliberate Infliction of Grievous Bodily Harm.” Higher penalties are established by the Criminal Code for this crime when committed with “a motive of racial, national, or religious hatred, political or ideological enmity, as well as hatred or discord toward a social group.”[2]
[1] NewsBY.org, “Zakon Respubliki Belarus ot 21 Iyulya 2008 g.,” http://www.newsby.org/documents/laws/law0011.htm.
[2] NewsBY.org, “Zakon Respubliki Belarus ot 21 Iyulya 2008 g.,” http://www.newsby.org/documents/laws/law0011.htm.