Germany
Hate Crimes (in progress)
The following overview of hate crimes legislation is based on information submitted directly to the ODIHR by Germany during the course of 2004-2005. While, in some instances, the wording of the legislation may appear unclear, it has not been changed from its original form.
On the basis of this structure, ODIHR enourages pS to submit relevant information to fill in any gaps.
Legislation is constantly updated, and therefore the provisions cited are subject to change. The term racist is illustrative and does not exclude other bias types. The use of "Article", "Section", or § refers to parts of the respective Criminal Code.
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International crimes [1]
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Section 16, Crimes Against Life; § 220a., Genocide
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Incitement to hatred / Dissemination of racist ideas [2]
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Section 86: Dissemination of Means of Propaganda of Unconstitutional Organisations – provides for fine or imprisonment for up to 3 years
Section 86a: Use of Symbols of Unconstitutional Organisations – provides for fine or imprisonment for up to 3 years
Section 130 prohibits incitement to hatred and violence against segments of the population (§ 130.1), including through dissemination of publications or broadcasts (§ 130.2).
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Holocaust denial [3]
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Section 130 prohibits denial or playing down of the genocide committed under the National Socialist regime (§ 130.3), including through dissemination of publications (§ 130.4).
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Personal violence
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Destruction of property
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Civil rights violations
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Racist organizations [4]
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Section 85 prohibits the continuation of the activities of an organisation that has been banned.
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Racist cyber-crime
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Aggravating circumstances
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Section 46: Principles for Determining Punishment – takes into account aims and motives of perpetrator.
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Bias types [5]
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(Genocide: race, national origin, ethnicity, religion)
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[1] Relevant international crimes include genocide, apartheid, slavery and persecution.
[2] Includes (public) incitement to racial discrimination, violence or hatred; (public) dissemination of ideas based on racial superiority or hatred; (public) insults and threats.
[3] Includes public denial or gross trivialization of international crimes, especially genocide/the Holocaust.
[4] Includes creation, support, participation.
[5] Includes bias types referred to in definitions of crimes and as aggravating factors, but excludes crimes based on denying equality of citizens, which tend to encompass broader grounds for discrimination.
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