Decision of the Court of Cassation, V Criminal Section, No. 43488 of 28 October 2015

Based on Article 3 of law No. 654 of 1967, with subsequent modifications, which implements the UN Convention against Torture in the Italian domestic legal order, the aggravating circumstance of ‘racial hatred’ consists in the fact that the persons accused for any offense has demonstrated, in addition, a blatant prejudice in respect of an ethnic group or a national group. In the case, the person accused had pronounced insults against “Moroccans” and “immigrants”, showing a clear intent of discrimination on the grounds of nationality.