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

The Criminal Code of Turkmenistan contains 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.

Article 58 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 national, 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 articles provide specific penalty enhancements for crimes committed with those same motives. Article 101 punishes murder with incarceration ranging from eight to fifteen years. Article 101(2)(1) defines murder “with a motive of social, national, racial, or religious hatred” as punishable “by incarceration for ten to twenty years, or by the death penalty.”

Other provisions of the Criminal Code that could be applied to violent hate crimes include article 107 (Deliberate infliction of grievous bodily harm), article 108 (Deliberate infliction of moderate bodily harm) and article 113 (Torture). Higher penalties are established for each of these crimes when committed “with a motive of social, national, racial, or religious hatred.”[1]

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[1] Criminal Code of the Republic of Turkmenistan, http://www.legislationline.org/legislations.php?jid=52<id=15.