Penal Code of Monaco (1967, as amended 2020) (excerpts related to Hate Crime Laws)

Article 234-2 (Created by law no. 1.435 of November 8, 2016; replaced by law no. 1.464 of 10 December 2018)

When committed against a person or group of people because of their gender, their disability, their origin, their sexual orientation, their belonging or of their non-belonging, real or supposed, to an ethnic group, a nation or a race determined, of their adhesion or non-adhesion, true or supposed, to a religion, the threats provided for in article 230 are punishable by imprisonment of two to five years and the fine provided for in number 4 of article 26, those provided for in articles 231 and 232 are punished imprisonment of one to five years and the fine provided for in number 4 of article 26, those provided for in articles 233 and 234 are punishable by imprisonment of six months to three years and the fine provided for in number 3 of article 26.

Article 236 (Paragraph replaced by Law No. 1.382 of July 20, 2011)

Any individual who, voluntarily, causes injury or strikes or committed any other violence or assault, if this resulted in illness or incapacity total work of a duration exceeding eight days, will be punished by imprisonment of one to five years and the fine provided for in number 4 of article 26. When the violence expressed above has been followed by mutilation, amputation or deprivation of the use of a limb, blindness, loss of an eye or other serious permanent disability, the guilty party will be punished with imprisonment for five to ten years. If the blows or injuries caused voluntarily, but without the intention of causing harm death, have nevertheless caused it, the culprit will be punished with the penalty of imprisonment of ten to
twenty years.

Article 236-1 (Created by Law No. 1.382 of July 20, 2011)

The act of subjecting, knowingly and by any means whatsoever, any person to repeated actions or omissions having as their object or effect a deterioration of its living conditions resulting in an alteration of one's physical or mental health is punishable by following penalties:

• from three months to one year of imprisonment and the fine provided for in number 3 of article 26 when they have not caused any illness or total incapacity for work;
• from six months to two years of imprisonment and the fine provided for in number 4 of article 26 when they caused illness or total incapacity for work not exceeding eight days;
• from one to three years' imprisonment and double the fine provided for in number 4 of the article 26 when they caused illness or total incapacity for work exceeding eight days.

The guilty person who commits the offense is liable to the maximum penalties provided for in the first paragraph against one of the following persons:

• his or her spouse (Words added as of June 27, 2020 by Law No. 1.481 of December 17 2019)
• his partner in a cohabitation contract or his cohabitant in a cohabitation contract cohabitation or any other person living with him under the same roof or having lived there sustainably;
• any person whose vulnerability or state of dependence was apparent or known of it.

Article 237

When there has been ambush or premeditation, the penalty will be, in the cases provided for in both first paragraphs of article 236, imprisonment of ten to twenty years. In the cases provided for in the third
paragraph, the maximum of this penalty will be incurred.

Article 238 (Amended by Law No. 1.382 of July 20, 2011; by Law No. 1.478 of November 12 2019)

When the injuries or other violence or assault of the kind mentioned in the article 236 will have resulted in illness or total incapacity for work of less than or equal to eight days, the culprit will be punished with imprisonment of six months to three years and the fine provided for in number 3 of article 26.

If there was ambush or premeditation, the imprisonment will be one to five years and the fine, that provided for in number 4 of article 26.

Article 238-1 (Created by law no. 1.382 of July 20, 2011; replaced by law no. 1.478 of 12 November 2019)

Violence that does not result in any illness or total incapacity for work will be punished imprisonment of six months to one year and the fine provided for in number 2 of article 26 if they are committed:

1° on the spouse (Words added as of June 27, 2020 by Law No. 1.481 of December 17 2019)

<, the partner in a cohabitation contract or their cohabitant in a cohabitation contract> their partner in a cohabitation contract or their cohabitant in a cohabitation contract or on any other person living with the author under the same roof or having lived there on a long-term basis;

2° on a minor or on any person whose vulnerability or state of dependence was apparent or known to the author;

3° on a juror, a lawyer or any other person entrusted with a public service mission, in exercise or as a result of his duties, when the quality of the victim was apparent or known of the author;

4° due to sex, disability, origin, sexual orientation, belonging or the non-belonging, real or supposed, of the victim to an ethnic group, a nation or a specific race, its adhesion or non-adhesion, real or supposed, to a religion determined;

5° by a person holding public authority or charged with a service mission public, in the exercise of its functions or mission;

6° with premeditation;

7° with use or threat of a weapon; 

8° by a person acting in a state of obvious intoxication or under the influence of narcotics;

9° on an ascendant or descendant in a direct line.

Article 239 (Replaced by law no. 1.382 of July 20, 2011; by law no. 1.478 of 12 November 2019)

In the cases set out in articles 236, 237 and 238, the culprit who committed the offense towards his spouse (Words added as of June 27, 2020 by Law No. 1.481 of December 17
2019)

<, his partner in a cohabitation contract or his cohabitant in a cohabitation contract cohabitation> or towards any other person living with him under the same roof or having lived for a long time, is punished:

• the maximum imprisonment, if the article provides for imprisonment of ten to twenty years;
• imprisonment of ten to twenty years, if the article provides for imprisonment of five to ten years;
• imprisonment of ten years, if the article provides for imprisonment.

The guilty party who committed the offense is subject to the same penalties:

1° towards any other person with the intention of punishing or repairing misconduct allegedly linked to honor;

2° on a minor or on any person whose vulnerability or state of dependence was apparent or known to the author;

3° on a juror, a lawyer or any other person entrusted with a public service mission, in the exercise or due to his duties, when the status of the victim was apparent or known of the author;

4° because of sex, disability, origin, sexual orientation, belonging or the non-belonging, real or supposed, of the victim to an ethnic group, a nation or a specific race, its adhesion or non-adhesion, real or supposed, to a religion determined;

5° by a person holding public authority or charged with a service mission public, in the exercise of its functions or mission;

6° (6° repealed by Law No. 1.499 of December 1, 2020);

7° with use or threat of a weapon;

8° by a person acting in a state of obvious intoxication or under the influence of narcotics;

9° on an ascendant or descendant in a direct line.

 

Law no. 1.299 of 07/15/2005 on freedom of public expression, Journal de Monaco of July 22, 2005 (excerpts)

Article 16

Are punishable by five years of imprisonment and the fine provided for in number 4 of article 26 of the criminal code (i.e. from 18,000 to 90,000 euros), or one of these two penalties only, those which, by one of the means set out in the preceding article, directly caused, in the case where this provocation would not have had effect, to commit one of the offenses following:

1° intentional attacks on life, intentional attacks on the integrity of the person and sexual assault;

2° theft, extortion and destruction, damage and willful deterioration dangerous for people;

3° acts of terrorism or the apology of such acts.

The same penalties are imposed on those who, by one of the means set out in article 15, provoke hatred or violence against a person or group of people reason of their origin, their belonging or their non-belonging to an ethnic group, a nation, race or religion, or because of their sexual orientation, real or supposed.

In the event of conviction for one of the facts provided for in the preceding paragraph, may also be ordered the display or dissemination, at the expense of the convicted person, of the decision pronounced, in all or part or in the form of a press release. This display or broadcast cannot include the identity of the victim only with their agreement or that of their legal representative or its beneficiaries.