Volksverhetzung
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Volksverhetzung
, in English "incitement to hatred" (used also in the official English translation of the German Criminal Code), "incitement of popular hatred", "incitement of the masses", or "instigation of the people", is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population. It is often applied to, though not limited to, trials relating to Holocaust denial in Germany. The criminal code () Chapter 7 (Offences against public order), Paragraph 130 (Incitement to hatred) of the Federal Republic of Germany defines when a person is guilty of . Constituent elements Incitement of the People (''Volksverhetzung'') is defined by § 130 (Incitement to hatred) Section 1 of the Criminal Code: Section 1 On 21 January 2015, changes to the former text of § 130 S ...
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Ernst Zündel
Ernst Christof Friedrich Zündel (; 24 April 1939 – 5 August 2017) was a German neo-Nazi publisher and pamphleteer of Holocaust denial literature."Ernst Zundel"
(accessed July 26, 2008)
He was jailed several times: in Canada for publishing literature "likely to incite hatred against an identifiable group", and on charges of being a threat to national security; in the United States, for overstaying his ; and in Germany for charges of "inciting racial hatred".
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Hate Speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation". Legal definitions of hate speech vary from country to country. There has been much debate over freedom of speech, hate speech, and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals on the basis of their membership in the group, or that disparage or intimidate a group or individuals on the basis of their membership in the group. The law may identify a group based on certain character ...
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German Criminal Law
''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, ...
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German Criminal Code
''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, ...
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Strafgesetzbuch
''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, ...
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Holocaust Denial
Holocaust denial is an antisemitic conspiracy theory that falsely asserts that the Nazi genocide of Jews, known as the Holocaust, is a myth, fabrication, or exaggeration. Holocaust deniers make one or more of the following false statements: *Nazi Germany's Final Solution was aimed only at deporting Jews and did not include their extermination. *Nazi authorities did not use extermination camps and gas chambers for the mass murder of Jews. *The actual number of Jews murdered is significantly lower than the accepted figure of approximately 6 million, typically around a tenth of that figure. *The Holocaust is a hoax perpetrated by the Allies, Jews, and/or Soviet Union. Similar to other forms of genocide denial, the methodologies of Holocaust deniers are based on a predetermined conclusion that ignores overwhelming historical evidence to the contrary. Scholars use the term ''denial'' to describe the views and methodology of Holocaust deniers in order to distinguish them from le ...
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Hate Speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation". Legal definitions of hate speech vary from country to country. There has been much debate over freedom of speech, hate speech, and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals on the basis of their membership in the group, or that disparage or intimidate a group or individuals on the basis of their membership in the group. The law may identify a group based on certain character ...
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Sedition
Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition. Because sedition is overt, it is typically not considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary from one legal code to another. Roman origin ''Seditio'' () was the offence, in the later Roman Republic, of collective disobedience to a magistrate, including both military mutiny and civilian mob action. Leading or instigating a ''seditio'' was punishable by death. Civil ''seditio'' became frequent during the political crisis of the first century BCE, as pop ...
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Incitement To Ethnic Or Racial Hatred
Incitement to ethnic or racial hatred is a crime under the laws of several countries. Australia In Australia, the Racial Hatred Act 1995 amends the Racial Discrimination Act 1975, inserting Part IIA – Offensive Behaviour Because of Race, Colour, National or Ethnic Origin. It does not, however, address the issue of incitement to racial hatred. The Australian state of Victoria has addressed the question, however, with its enactment of the Racial and Religious Tolerance Act 2001. Finland In Finland, agitation against an ethnic group ( fi, kiihottaminen kansanryhmää vastaan) is a crime according to the Criminal Code of Finland's (1889/39 and 2011/511) chapter 11, section 10: Section 10 – Ethnic agitation (511/2011) "A person who makes available to the public or otherwise spreads among the public or keeps available for the public information, an expression of opinion or another message where a certain group is threatened, defamed or insulted on the basis of its race, skin col ...
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Verbotsgesetz 1947
The Verbotsgesetz 1947 (Prohibition Act 1947), abbreviated VerbotsG, is an Austrian constitutional law originally passed on 8 May 1945 (Victory in Europe Day) and amended multiple times, most significantly in February 1947 and in 1992. It banned the Nazi Party and its subsidiaries and required former party members to register with local authorities. Individuals were also subject to criminal sanctions and banned from employment in positions of power. In later decades, the law's provisions against propaganda came to be used against neo-Nazism with a focus on Holocaust denial as well as the deliberate belittlement of any Nazi atrocities. Because the law does not explicitly mention these categories, there was considerable disagreement between regional courts, leading to the 1992 amendment resolving those doubts. Provisions According to Article I VerbotsG, the Nazi Party, its paramilitary organisations such as '' SS'', '' SA'', the ''National Socialist Motor Corps'' and ''National Soc ...
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Incitement To Ethnic Or Racial Hatred
Incitement to ethnic or racial hatred is a crime under the laws of several countries. Australia In Australia, the Racial Hatred Act 1995 amends the Racial Discrimination Act 1975, inserting Part IIA – Offensive Behaviour Because of Race, Colour, National or Ethnic Origin. It does not, however, address the issue of incitement to racial hatred. The Australian state of Victoria has addressed the question, however, with its enactment of the Racial and Religious Tolerance Act 2001. Finland In Finland, agitation against an ethnic group ( fi, kiihottaminen kansanryhmää vastaan) is a crime according to the Criminal Code of Finland's (1889/39 and 2011/511) chapter 11, section 10: Section 10 – Ethnic agitation (511/2011) "A person who makes available to the public or otherwise spreads among the public or keeps available for the public information, an expression of opinion or another message where a certain group is threatened, defamed or insulted on the basis of its race, skin col ...
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Grundgesetz
The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May. It was termed "Basic Law" (german: Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application (german: Geltungsbereich)—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four All ...
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