Cap. 9 ст. 222AIncrease of punishment in certain cases.

(1) Deleted by Act LXV.2021.6.

(2) The punishments established in the foregoing provisions of this Sub-title shall also be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion.

(3) An offence is aggravated or motivated on grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion if:

(a) at the time of committing the offence, or immediately before or after the commission of the offence, the offender demonstrates towards the victim of the offence hostility, aversion or contempt based on the victim’s membership (or presumed membership) of a group, denoting a particular gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion; or

(b) the offence is motivated, wholly or partly, by hostility, aversion or contempt towards members of a group as referred to in paragraph (a).

(4) In sub-article (3)(a): "membership", in relation to a group, includes association with members of that group; "presumed" means presumed by the offender.

(5) It is immaterial for the purposes of sub-article (3)(a) or (b) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that those paragraphs.

(6) In this article: "racial group" means a group of persons defined by reference to race, descent, colour, nationality (including citizenship) or ethnic or national origins; "religious group" means a group of persons defined by reference to religious belief or lack of religious belief.

(7) The punishment prescribed for any of the crimes referred to in the preceding articles of this Sub-title shall be increased by one to two degrees in the applicable cases referred to in article 202, provided that where an aggravation of punishment in respect of the circumstances mentioned in this article is already provided for under this Code or any other law, the higher punishment may be applied.