In order to effectively combat antisemitism, it is essential not only to take preventive measures but also to effectively prosecute antisemitic criminal offences. In this context, it is important to clearly identify antisemitic motivations and take them into account when fixing a penalty. Sentencing is governed by Section 46 of the Criminal Code; to date, paragraph 2 has stipulated that the court is to weigh “the circumstances which speak in favour of and those which speak against the offender”. Factors that may be taken into consideration include among other things the “attitude reflected in the offence” and “the degree of the breach of the offender’s duties” but also the “offender’s motives and objectives, in particular including racist, xenophobic or other motives evidencing contempt for humanity.”

The Federal Government Commissioner made great efforts to ensure that the word “antisemitic” was added to the list of motives. This does not only send an important message to the Jewish community in Germany but will also guide the actions and decisions of judges and public prosecutors.

By introducing a Bill to Fight Right-Wing Extremism and Hate Crime Bill to Fight Right-Wing Extremism and Hate Crime on 19 February 2020, the Federal Cabinet took a similar approach. The bill is currently going through the parliamentary process.