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      Chapter

      The presence of the past
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      Chapter

      The presence of the past

      DOI link for The presence of the past

      The presence of the past book

      On the significance of the Holocaust and the criminalisation of its negation in the Federal Republic of Germany 1

      The presence of the past

      DOI link for The presence of the past

      The presence of the past book

      On the significance of the Holocaust and the criminalisation of its negation in the Federal Republic of Germany 1
      ByChristian Mentel
      BookHolocaust and Genocide Denial

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      Edition 1st Edition
      First Published 2017
      Imprint Routledge
      Pages 14
      eBook ISBN 9781315562377
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      ABSTRACT

      This chapter offers a somewhat new perspective on the Federal Republic of Germany (FRG's) criminalisation of negationism. The first landmark that has to be addressed is an amendment that created the crime 'incitement of the people' as §130 of the criminal code, and which became effective on 4 August 1960. Despite the intentions of both coalition and opposition to create a separate Holocaust negation offence in the criminal code, eventually an amendment was approved that modified the legal situation on a procedural level only, becoming effective on 1 August 1985. Now, prosecution would be initiated not only in cases of negation of the Holocaust and Nazi crimes, but also when crimes of another 'violent and arbitrary dominance' were negated. The chapter analyses the instances in context in order to identify constants, similarities and differences between them, and in the significance that was attributed to the Holocaust and its negation in respective times.

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