„Geschlechtsspezifische“ und „gegen die sexuelle Orientierung gerichtete“ Beweggründe

This thesis analyzes the 'gender-based' and 'sexual-orientation-related' motives that were introduced into Section 46(2), sentence 2, of the German Criminal Code (StGB) by the Act on the Revision of Sanctions Law. The terms are interpreted with reference to European and international legal requirements, and the extent to which provisions relevant to sentencing are implemented by the legislative amendment is determined. Finally, the thesis focuses on the question of whether the newly codified motives can lead to greater consideration of such motives in practice. To analyze this, various sentencing studies on hate crime are compared, and potential challenges in addressing these motives are identified.