Universal Periodic Review

Implement a consistent application of the „special reasons for aggravation“ according to § 33 StGB (Austrian Criminal Code) in proceedings concerning crimes with discriminatory or racist motives

Proponent:

Remarks to progress by Liga (last modified Dec 31, 2024):

In Austria, the Criminal Code (§ 33 StGB) provides for a number of „special aggravating circumstances“ that increase the penalty for certain offences. A central point concerns the offender’s motive. In particular, racist or xenophobic motives are categorised as particularly reprehensible and are considered an aggravating factor in sentencing. This provision aims to punish offences based on discrimination, hatred or intolerance more severely. Specifically, this means that if someone commits an offence for racist, xenophobic or similar extreme motives, this must lead to a more severe sentence. § Section 33 StGB explicitly mentions this as one of the aggravating circumstances. In addition, other factors such as cruelty, malice or taking advantage of a victim’s defencelessness are also recognised as aggravating circumstances (StGB §33: StGB §33). This provision ensures that offences motivated by discriminatory ideologies are given special consideration and sentenced in order to demonstrate a clear stance against racist and extremist acts and to counteract such acts;