Criminal Code of Luxembourg (as amended by Law of 28 March 2023)

(Excerpts) (Unofficial English translation)

 

Article 80 (L. 28 March 2023 )

(1)Any person who commits an act classified as a felony or misdemeanour on account of one or more of the factors referred to in article 454 may be sentenced to twice the maximum penalty of deprivation of liberty and the fine imposed by law against that crime or misdemeanour, within the limits of articles 8, 9 and 15, 16 and 36.

The provision of the first paragraph shall not apply to an act classified as a felony or misdemeanour committed on account of one or more of the elements referred to in article 454, in respect of which that element or elements is the constituent element of the offence.

(2)Any person who commits an act classified as an offence by reason of one or more of the elements referred to in article 454 may be sentenced to twice the maximum fine imposed by law against that offence, within the limits of article 26.

 

Article 454 (L. of 20 July 2018 ) provides for the following grounds origin, skin colour, sex, sexual orientation, sex change, gender identity, family status, age, state of health, disability, morals, political or philosophical opinions, trade union activities, membership or non-membership, real or supposed, of a particular ethnic group, nation, race or religion.

 

Article 457-1 (L. 19 July 1997)

The following shall be punished with imprisonment from eight days to two years and a fine of 251 euros to 25,000 euros or one of those penalties:
(1) any person, whether through speeches, shouting or threats uttered in public places or public meetings or by written or printed matter, drawings, engravings, paintings, emblems, pictures or any other medium of writing, speech or image sold or distributed, sold or exhibited in public places or public meetings or by posters or posters displayed in public, or by any means of audiovisual communication, incites to acts specified in Article 455 to hatred or violence in respect of a person or entity, group or community based on one of the items referred to in Article 454;
(...)

(3) anyone who prints or causes to be printed, manufactures, possesses, transports, imports, exports, manufacture, import, export or transport, put into circulation on the territory of Luxembourg, was sent from the territory of Luxembourg, presents a post or another professional responsible for mail delivery on the territory of Luxembourg, transits through the territory of Luxembourg, writings, printed matter, drawings, engravings, paintings, posters, photographs, cinematograph films, emblems, pictures or any other medium of writing, of speech or image, of a nature to incite acts provided for in section 455, to hatred or violence in respect of a person or entity, group or community, based on one of the items referred to in Article 454.
Confiscation of items listed above will be imposed in all cases.

 

Art. 453.

(L. 19 July 1997 ) Any attack on the integrity of the corpse, by any means whatsoever, is punishable by imprisonment from one month to two years and a fine of 251 euros to 25,000 euros.

Violation or desecration, by any means whatsoever, of tombs, sepulchres or monuments erected in memory of the dead, is punishable by imprisonment from one month to two years and a fine of 251 euros to 25,000 euros.

The penalty shall be increased to three years' imprisonment and a fine of €37,500 if the offences defined in the preceding paragraph have been accompanied by an attack on the integrity of the corpse.

 

Art. 457-2.

(L. 19 July 1997 ) Where the offences defined in article 453 have been committed on account of the actual or supposed membership or non-membership of the deceased persons to a particular ethnic group, nation, race or religion, the penalties shall be from six months to three years and a fine of 251 to 37,500 euros or one of these penalties only.