Austria

How hate crime data is collected

Hate crime data are collected and recorded according to specific types of crimes found in the criminal code. There is no specific system in place for the police to record hate crimes by bias motivation. In the crime recording system, hate crimes fall under the category of "politically motivated crime".

The Federal Agency for the Protection of the Constitution and Counterterrorism, together with one of the Agency's nine regional sub-divisions , are responsible for investigating such cases. The Agency's Annual Report on State Security includes a section on "right-wing extremism", with overall figures categorized  as "right-wing extremist", "xenophobic/racist", "anti-Semitic" and "Islamophobic" (anti-Muslim) acts that are further grouped by type of crime (bodily harm, incitement, threat, damage to property, etc.). The Annual Report serves as the basis for different projects.

The main bias motivation is attributed to the offence in the proceedings based on the facts observed in the offence (such as victim's testimony, interrogation of the perpetrator and possible further investigations).The Austrian penal code provision contains a general sentencing enhancement for bias motivated crime that is applicable to nearly all crimes. This provision (§33 para. 1, subpara. 5, of the Penal Code) stipulates that it is a special aggravating circumstance "when the act has been motivated by a racist, xenophobic or other particularly condemnable bias, especially those that are directed explicitly against groups, enumerated in section 283 CC, or members because of their membership to these groups."