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
X

The Criminal Code of Luxembourg does not contain any general provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.

Bias as an Aggravating Factor in Specific Common Crimes

Bias motivations can be considered aggravating circumstances in cases of desecration. Article 453 punishes attacks on the integrity of a corpse or desecration of a tomb, and article 457(2) provides enhanced sanctions for such offences if committed on racial grounds.[1]

In its 2003 “Second Report on Luxembourg “, the European Commission against Racism and Intolerance (ECRI) recommended Luxembourg adopt a “criminal law provision that racist motivation constitutes an aggravating circumstance for any offence.” ECRI’s 2006 “Third Report on Luxembourg”, indicated that no specific provisions were adopted. Nonetheless, the government of Luxembourg reported that “racist motivation of criminal offenses has been considered in 22 cases, but that in some of these, the proceedings have been discontinued.”[2]

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[1] OSCE/ODIHR, “Luxembourg: Hate Crimes,” Legislationline, http://www.legislationline.org/?tid=218&jid=33&less=false.

[2] ECRI, “Third Report on Luxembourg,” CRI(2006)20, May 16, 2006, para. 13, 14, http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/LUX-CbC-III-2006-20-ENG.pdf.