Abstract

In a multicultural society, criminal law represents a necessary but inadequate instrument for social order when criminal prohibitions and cultural motivations move in opposite directions. An intervention by law to mitigate sentencing in cases of cultural crimes exacerbates the conflict between the criminal law and cultural norms. It is preferable to leave sentencing judge discretion to evaluate the relevance of cultural motivations for committing elements of the crime and in determining the appropriate criminal sanction.