Draft legislation which would provide criminal penalties, including prison terms, for persons who deny publicly that the Holocaust ever occurred, will be considered by the West German parliament this year, according to Justice Minister Hans Engelhard.
Under the proposed law, the maximum penalty for denying that Jews were persecuted and systematically killed during the Nazi regime, would be three years’ imprisonment. The punishment would vary depending upon whether the courts found the offending statement constituted “approval of crimes” or was merely an “insult.”
The Justice Ministry, which drafted the legislation, is presently consulting with the state governments of the Federal Republic to ensure a solid majority for the measure. Last year, a similar law was rejected by the Bundesrat (upper house) which is composed of representatives of the federal states, on grounds that it was too vague and could have a negative impact on historical research. Existing laws allow private individuals to sue persons who deny the Holocaust.
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