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Legal and criminological perspectives on hate crime and hate crime control in Germany

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Kilchling,  Michael
Public Law, Max Planck Institute for the Study of Crime, Security and Law, Max Planck Society;

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Citation

Kilchling, M. (2024). Legal and criminological perspectives on hate crime and hate crime control in Germany. In J.-M. Landa Gorostiza, E. Garro Carrera, M. Anderez Belategi, & I. Gordon Benito (Eds.), Hate crimes in comparative legal perspective (pp. 78-101). Cheltenham: Edward Elgar.


Cite as: https://hdl.handle.net/21.11116/0000-0010-706A-9
Abstract
This chapter first provides a short general analysis of certain criminological and victimological aspects of hate crime which are essential for justifying their harsh(er) punishment. Further emphasis is put on the reasons for the widespread underreporting of hate crimes. A short introduction to the main elements of penal hate crime control in Germany follows. These include the general impact of hate-related motives in sentencing, the introduction of new forms of hate crime, and the development of additional instruments such as online hate speech control, targeted treatment and education programmes in prisons, crime prevention programmes, as well as organizational measures aimed at better preparing police, prosecution and the judiciary the adequately deal with these types of crimes. Finally, the available statistical data on the prevalence of hate crime and few available studies on prosecution and sentencing practices in Germany are presented which have shown a successive disappearance of hate motives throughout the penal procedures.