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A legislative consideration of the specific circumstances of Hate Crime in criminal law have been the object of extensive discussions in Germany since 2000. In 2015 and 2020, respectively, prejudice-based motives were ultimately incorporated as aggravating sentencing factors. To this end, racist, xenophobe, antisemitic and other inhuman motives are now explicitly enumerated in Sec. 46, lit. 2 of the German Penal Code (Strafgesetzbuch – StGB).
This thesis considers the effects of these amendments on the judiciary practice as well as its assessment and related experiences with Hate Crime. It further evaluates the legislative objectives of the amendments and whether these objectives where, in fact, achievable or achieved.
A central component of this thesis is an empiric, germany-wide study which evaluates both the treatment of Hate Crime and the perception of the respective legislative amendments in practice. The study was based on a questionnaire specifically developed by the author to allow judges and prosecutors to share their experiences and views on the subject resulting in a thematic overview of the relevant judiciary practice.
The author derived the questions used from an extensive examination and analysis of the criminal phenomenon. In this examination, the author considers both the societal and political landscape as they relate to Hate Crime as well as its historical development. Further, the issue of Hate Speeches and their effects on the emergence of Hate Crime is evaluated. Rather than focusing on German considerations only, these matters are then further placed in international context with both Europe and the United States of America.
Based on the information presented, the conclusion focuses on recommended actions to counter the criminal phenomenon that is Hate Crime.
keywordsAntisemitismus Hasskriminalität Hassreden Hate Crime Hate Speech Kriminologie Rassismus Rechtsextremismus Strafschärfung Strafzumessung Vorurteilskriminalität
Ihr Werk im Verlag Dr. Kovač
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