Editing Hate crime (section)

====Germany====
The [[German Criminal Code]] does not have hate crime legislation, instead, it criminalizes [[hate speech]] under a number of different laws, including [[Volksverhetzung]]. In the German legal framework [[motivation]] is not taken into account while identifying the element of the offence. However, within the sentencing procedure the judge can define certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motives and aims of the perpetrator; the state of mind reflected in the act and the willfulness involved in its commission"<ref>{{cite web|url=http://www.iuscomp.org/gla/statutes/StGB.htm#46 |title=Criminal Code (Strafgesetzbuch, StGB) |publisher=Iuscomp.org |access-date=14 November 2011}}</ref> can be taken into consideration when determining the [[punishment]]; under this statute, hate and bias have been taken into consideration in sentencing in past cases.<ref name="Marc Coester 2008">Marc Coester (2008): Das Konzept der Hate Crimes aus den USA unter besonderer Berücksichtigung des Rechtsextremismus in Deutschland. Peter Lang: Frankfurt/Berlin/Bern/Bruxelles/New York/Oxford/Wien</ref>

Hate crimes are not specifically tracked by German police, but have been studied separately: a recently published EU "Report on Racism" finds that racially motivated attacks are frequent in Germany, identifying 18,142 incidences for 2006, of which 17,597 were motivated by right-wing ideologies, both about a 14% year-by-year increase.<ref>{{cite news|url=http://www.spiegel.de/international/germany/0,1518,502471,00.html |title=EU Xenophobia Report: Racism On the Rise in Germany  |work=Der Spiegel |access-date=14 November 2011|date=28 August 2007  }}</ref>  Relative to the size of the population, this represents an eightfold higher rate of hate crimes than reported in the US during the same period.<ref>{{cite web|url=https://www.fbi.gov/news/stories/2007/november/hatecrime_111907 |title=2006 Hate Crime in the U.S |publisher=Fbi.gov |access-date=14 November 2011}}</ref>  Awareness of hate crimes in Germany remains low.<ref>{{cite news|url=http://www.spiegel.de/international/germany/0,1518,502694,00.html |title= Interview with Racism Expert: 'Awareness of Ethnic Discrimination Is Low in Germany' |work=Der Spiegel |access-date=14 November 2011|date= 29 August 2007 }}</ref>