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

Bias as an Express General Aggravating Factor

The Criminal Code of Uzbekistan 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 56 of the Criminal Code is a general sentencing provision that identifies aggravating circumstances that give rise to more serious penalties, including under part (1)(k) “a motive of racial or national 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 articles of the criminal code provide for specific penalty enhancements for crimes committed with the motive of racial or national hatred. Article 97 punishes murder with incarceration ranging from ten to fifteen years. Article 97(2)(j) punishes murder “with a motive of ethnic or racial hatred” and article 97(2)(l) punishes murder “committed with religious prejudice” as punishable “by incarceration for fifteen to twenty years, or by the death penalty.”

Other provisions of the Criminal Code that could be applied to violent hate crimes include article 104 (Deliberate infliction of grievous bodily harm), article 105 (Deliberate infliction of moderate bodily harm) and article 117 (Torture). Higher penalties are established for each of these crimes when committed “with a motive of ethnic or racial hatred” or “with religious prejudice.”[1]

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[1] Criminal Code of the Republic of Uzbekistan, http://www.legislationline.org/legislations.php?jid=56