Penalties against racism are regulated in the Criminal Code and can be punished with prison sentences of several years. However, preventative measures, awareness and education are equally important to promote a more tolerant and respectful society.
In Germany, racist insults are not only socially outlawed, but are also prosecuted under criminal law. The legal basis for the punishment of such acts can be found mainly in the Criminal Code (StGB).
Insults that target a person’s origin, skin color or ethnicity are considered significant and may result in legal consequences. German criminal law provides for sanctions for racist statements in various paragraphs. Paragraphs 130 (incitement), 185 (insult), 186 (slander) and 187 (defamation) are particularly central.
Incitement to hatred (§ 130 StGB): This paragraph criminalizes the spread of hatred or calls for violence against certain population groups. Racist insults that are capable of disturbing public peace or inciting hatred against people of other origins fall into this category. Penalties range from fines to imprisonment of up to five years.
Insult (§ 185 StGB): General insults that violate the honor of another person can also be racially motivated. There is also a risk of fines or imprisonment of up to one year, and in serious cases up to two years.
Libel (§ 186 StGB) and slander (§ 187 StGB): These paragraphs cover cases in which untrue facts are alleged about a person that are likely to disparage that person in public opinion. Racist motives can also play a role here. Penalties can also include fines or several years in prison.
In addition to criminal prosecution, there are also preventive measures in Germany to prevent racist insults and raise awareness of the consequences of such acts.
Police and legal measures: The police and judicial authorities in Germany are aware of the issue of racist insults and have developed appropriate mechanisms to take effective action against such acts. Reports are carefully examined and perpetrators are consistently prosecuted. Particularly on the Internet, where racist insults are often expressed anonymously, the authorities work closely with social networks and platform operators to determine the identity of the perpetrators and prosecute them.
Special units and advice centers: In some federal states there are specialized units within the police that deal exclusively with hate crime. In addition, if you have been a victim of insults and racism, there are numerous advice centers available that will help you, among other things, to file a complaint.
Preventive measures and education: In addition to law enforcement, preventive measures play a crucial role. Educational programs that start in schools are an important part of prevention work. They are intended to raise awareness of racism and the consequences of racist actions.
Awareness campaigns: Governmental and non-governmental organizations regularly run campaigns that draw attention to the dangers of racism and the legal consequences of racist insults. These campaigns are intended to raise awareness in society and help prevent racist statements and actions from occurring in the first place.
Promoting integration and diversity: Programs that promote the integration of people with a migrant background and present diversity in society as an enrichment are also of great importance. By creating a positive and inclusive social climate, the breeding ground for racism is further curbed.
