Vorurteilskriminalität

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Abstract This study, based on legal facts, analyses the manner in which police, prosecutors and courts deal with bias crimes. It shows both flaws in the system used by the police to record politically motivated crime, as well as shortcomings on the side of the courts when the motivation is not taken into account. The empirical analysis of case files on hate crimes that have been solved, reveals that in only 12 per cent of these cases was the sentence more severe because the motivation behind the crime was based on prejudice. The author examines the gaps in criminal law and in procedure, taking into account current scientific and political debate, as well as bills proposed since the year 2000. She discusses the advantages and disadvantages of specific legislation, and makes concrete proposals for amendments to laws concerning sentencing criteria and judicial procedures. She also outlines proposals for changes in the juvenile justice system.