Minister of Justice provides legislative proposals before
Higher penalties for hate crimes
Federal Minister of Justice Heiko Maas wants explain away the future play a greater role in the sentence: racism is not to be verwchselt with pub brawls. And he has now published a draft law. But there is also criticism of the plan.
Michael Stempfle, SWR, ARD studio
is His concern undoubtedly honorable. Federal Justice Minister Heiko Maas it comes to more effective action against racist violence in Germany. But it shall take the right means? This much is clear: With today’s release of his project he has at least brought an important issue in the media. And even proponents and opponents speak out.
It’s about the lessons that would like to draw the federal government from the scandal around the National Socialist Underground (NSU). Once again, the Federal Minister of Justice is the one from the Cabinet, which implements the requirements of the Federal Government particularly quickly. He wants to record, among other aspect hate crimes in the penal code. His message: perpetrators, where a racist, xenophobic or other inhuman motivation can be proven for their act must in future expect harsher penalties than in the past
“Stronger on motivation. look offenders “
Burkhard Lischka, legal policy spokesman for the SPD, has been among the proponents of this project. Because according to the law previously is his view, the risk that a xenophobic background of an act may not be detected properly. The new focus on the sentence could help that is looked at in German courtrooms in the future, more on the motivation of the perpetrators. “It can not be that an excess of violence from inhuman motives is classified at the end as a simple bar fight, was only because prior to insufficient attention to possible motives,” says Lischka the ARD studio . “We want to change the present draft bill.”
The goal of recognizing racist motivation in the investigation of criminal offenses, is undisputed. Criticism, however, there as to whether this goal can be achieved with a focus on the sentence. Even some employees of victim counseling centers, such as Sabine Seyb ReachOut in Berlin, have doubts about whether the desired positive change is achieved. The state must begin much earlier in order to recognize the true motives of an act she says. Locally, where the violence happen, the police officers are under obligation. This would “be able and willing to recognize the background of a fact,” says Seyb. “They are often but so far not here federal laws can not help Rather, investigating authorities must be required at the slightest clue as to actively exclude racist explain away…”
Meaning, the investigating authorities should not only consider the opinion of Seyb whether there is possibly an extreme right-wing background. Rather, they should have evidence that racism can be definitely ruled out as a motive. This additional reconnaissance pressure would help to recognize hate crime early, so the hope of Seyb.
“term ‘inhuman’ is a matter of interpretation”
Halina Wawzyniak, legal policy spokeswoman for the Left Party, has additional, more detailed objections to the new proposal of the Minister of Justice Maas – and, if the application of this scheme presents in a courtroom. In particular, the term “inhuman” is a matter of interpretation. Everyone can understand by something else, is the lawyer. “I think it is for example also for inhumane if from homophobic or anti-Semitic reasons offenses are committed or the offenses are directed for example against the homeless. Whether this can be the judges see it that way, remains completely open,” said Wawzyniak compared with the ARD studio .
Even sharper criticism expressed Stefan König from the German Bar Association. “In the best case, it is the legislative projects to a pithy companies to showcase legislation,” said the king against the ARD studio . His concerns are also addressed, however, that judges are now taken into account when considering the penalty additional criteria. “Sentencing is one of the most important and difficult tasks of the criminal courts, if he holds a defendant guilty., You must be free from any schematism,” said King.
An effective means? Or just a showcase legislation? One has the Federal Minister of Justice Maas reached in any case: He has drawn attention to an important debate: What lessons to draw Germany from the harrowing series of murders of the National Socialist underground? What can the state do to more effectively proceed in the future against right-wing violence? The discussion about the inclusion of the aspect hate crime in the criminal law is in any case an important impetus
state. 25/04/2014 09:40 clock
Bill: Maas wants to punish hate crimes more
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