Infracțiuni motivate de ură. Aspecte teoretice și practice
Hate crimes. Theoretical and practical matters
Author(s): Maria ChirilăSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: hate crimes; art. 369 of the Criminal Code; aggravating circumstance; art. 77 letter h) of the Criminal Code; Government Ordinance no. 137/2000;
Summary/Abstract: The article presents theoretical and practical aspects of the crimes committed out of hatred towards a minority or person belonging to that minority committed with a motive based on a bias. The task of the criminal investigation bodies is to determine whether or not the perpetrator has the feeling of hatred, which is a subjective matter and difficult to prove in court. In order to support the criminal investigation bodies, the Criminal Code regulates as a distinct crime the incitement to hatred and discrimination, the Code of Criminal Procedure provides for the presumption of vulnerability of the victims of hate crimes, and by order of the General Prosecutor of the Prosecutor's Office attached to the High Court of Cassation and Justice, certain indicators of hate crimes have been established.
Journal: Revista Pro Lege
- Issue Year: 2023
- Issue No: 2
- Page Range: 81-93
- Page Count: 13
- Language: Romanian