Had eller ej: En afhandling over grænserne for hadforbrydelser fra et retligt perspektiv

English abstract: This master’s thesis aims to examine the actions covered by Section 81, No. 6, and Section 266 b of the Danish Criminal Code concerning hate crimes, exploring how these provisions ensure effective protection against hate crimes in Denmark. Against the backdrop of a noted disparity between perceived and reported hate crimes, the thesis delves into the practical implications of the legal framework. Section 81, No. 6, introduces an increased penalty for crimes with a discriminatory hate motive, while Section 266 b criminalizes hate speech. A “severity criterion” for Section 266 b, providing an objective measure scale that delineates the criminal domain, is explored. Alongside a high standard of proof, this contributes to the effective protection of the accused, including the noncriminalization of hate crimes after a prior conflict. The study includes a review of Danish law and case law. It also provides an overview of the practices employed by the police and the prosecution in this field, along with an analysis of the perceptions of Non-Governmental Organizations regarding these practices. Examining the subjective focuses of Section 81, No. 6 (a "motive provision") and Section 266 b (focusing on intent), the thesis analyses the notification and reporting system initiated by the Director of Public Prosecutions Office in the hate crimes domain. While contributing to effective legal protection during the prosecution evaluation, the primary purpose of this system is not to remedy evidentiary shortcomings. The thesis concludes that hate crime cases pose several evidentiary challenges, emphasizing the role of subjective elements, often leading to difficulties in criminal proceedings. Recommendations for alleviating these challenges include enhancing police awareness of cumulative conditions in hate crime provisions during investigations. Overall, practical issues, such as evidentiary challenges, heighten the risk of discrimination, contradicting the very pu