Although Luxembourg regularly completes ODIHR's questionnaire, data on hate crimes have never been submitted. Luxembourg's Criminal Code includes penalty enhancements for specific offences and a substantive offence. Data are collected by the police, the Prosecutor's Office and the Ministry of Justice. Data are not made publicly available.
In its fifth report on Luxembourg, the European Commission against Racism and Intolerance (ECRI) strongly recommended that bias motivation be made an aggravating circumstance for any ordinary offence. ECRI also recommended that the police and judicial authorities establish and use a system for recording and monitoring hate crimes.
ODIHR observes that Luxembourg has not periodically reported reliable information and statistics on hate crimes to ODIHR.