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Is there legislation against racist and hate crime?

Key Area:
Anti-racist Crime Legislation & Implementation
20/12/2011 - 14:03
Short Answer

Yes, partly.

Qualitative Info

In the criminal code, there are no provisions that refer explicitly to racist or hate crime. German penal code applies to offences committed with racist motives the same way as it applies to a respective crime without such a motivation. The general article 46 (2) of the Criminal Code (Strafgesetzbuch, StGB) mentions the ‘perpetrator’s motives’ as one among several factors to be considered when determining the sentence in court, though without an explicit reference to racist or other prejudice-related motives. Hence, racist motives can, but do not have to be considered by the judge.
Only article 130 StGB on incitements to hatred (hate speech) bans crimes that are directed against national, racial, ethnic or religious groups (or members of these groups).Article 130 was recently amended in order to comply with the minimum requirements laid out by the Framework Decision 2008/913/JHA and the CoE Additional Protocol to the Council of Europe Convention on Cybercrime.


Criminal Code (Strafgesetzbuch, StGB), (accessed on 09.12.2011).

Groups affected/interested Migrants, Refugees, Roma & Travelers, Ethnic minorities, Linguistic minorities, Asylum seekers
Type (R/D)
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-racism
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