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 | X | X |
Bias as an Aggravating Factor in Specific Common Crimes
The Criminal Code of Norway contains provisions that expressly enable racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
Section 77(i) of the Criminal Code provides that aggravating circumstances occur when a person is victimized because of “religion, national or ethnic origin, homosexual orientation, reduced physical or psychological ability or other circumstance related to groups of people requiring a special level of protection.”[1]
Bias as an Aggravating Factor in Specific Common Crimes
Further, Section 232 of the Criminal Code addresses felonies against another person’s life, body, and health and holds a special provision addressing such crimes committed based on creed, race, color, nationality, or ethnicity. Additionally, Section 292 of the Criminal Code deals with vandalism, punishable as a more “serious” crime subject to more severe penalties in a number of circumstances, including vandalism with a racial motive or that damages a public monument or other object that has historical, national or religious significance for the public or a large number of people.[2]
[1] OSCE/ODIHR, “Hate Crimes in the OSCE Region – Incidents and Responses,” Warsaw: October 2008, http://www.osce.org/documents/odihr/2008/10/33851_en.pdf.
[2] OSCE/ODIHR, “Norway: Hate Crimes,” Legislationline.