Assessments of a possible amendment to section 46 of the Criminal Code

In 2007, a symposium was held in Brandenburg on the subject of hate crime. You can read a short documentation of the session here (German).

The federal government has come out in opposition against an addendum to section 46 of the Criminal Code several times since 2011. In their view, a change would be redundant, since they claim that as a result of relevant court decisions, motivation by hatred is already sufficiently taken into account in legal practice.

All of the draft bills mentioned above have been discussed at second and third reading in plenary sessions of the Bundestag, only to be rejected in the end by the opposition of the ruling coalition and the abstention of the Left Party. The SPD abstained from voting on the Green Party’s motion, while the Greens did the same with respect to that of the SPD.

Here, you can find further assessments, which do not necessarily correspond to the views of BUG:

Article by Jerzy Montag, member of parliament for the Green Party (German).

Article by Halina Wawzyniac, member of parliament for the Left Party (German)

On 27.08.2014, the Federal Government decided to amend § 46 of the Criminal Code. In the future, racist, xenophobic or other inhuman factual circumstances are taken into account in the actual sentencing.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011