Section 188 of Germany’s criminal code is insane!
-
Section 188 of Germany’s criminal code is insane! The statute states that anyone who “insults a person who exercises a political office shall be punished with imprisonment from three months to five years.”
Germany's Chancellor has opened 300 criminal investigations against people who insulted him. A guy in Stuttgart called Merz a "drunkard." Police searched his house.
Merz's office spent months in court trying to hide which prosecutors were handling these cases. He just lost.
#Germany #ChancellorMerz
https://reclaimthenet.org/merz-insult-law-controversy -
R relay@relay.mycrowd.ca shared this topic
-
Section 188 of Germany’s criminal code is insane! The statute states that anyone who “insults a person who exercises a political office shall be punished with imprisonment from three months to five years.”
Germany's Chancellor has opened 300 criminal investigations against people who insulted him. A guy in Stuttgart called Merz a "drunkard." Police searched his house.
Merz's office spent months in court trying to hide which prosecutors were handling these cases. He just lost.
#Germany #ChancellorMerz
https://reclaimthenet.org/merz-insult-law-controversy@dbattistella Nowadays, people are generally no longer convicted for this, so the law can certainly be questioned. However, there was a notable recent case under Section 188 of the German Criminal Code. In April 2025, the Bamberg District Court sentenced Deutschland-Kurier editor-in-chief David Bendels to seven months’ imprisonment on probation. Many described this as a scandalous ruling. It is important to note, however, that the judgment
-
@dbattistella Nowadays, people are generally no longer convicted for this, so the law can certainly be questioned. However, there was a notable recent case under Section 188 of the German Criminal Code. In April 2025, the Bamberg District Court sentenced Deutschland-Kurier editor-in-chief David Bendels to seven months’ imprisonment on probation. Many described this as a scandalous ruling. It is important to note, however, that the judgment
@dbattistella was not final at the time, as Bendels appealed. The Bamberg Regional Court later overturned the decision and acquitted him.
The case stemmed from a photo montage posted on X. Bendels had edited an image of Nancy Faeser so that a sign in front of her read “I hate freedom of speech,” whereas the original image said “We Remember.” Without context, the case is somewhat difficult to understand, especially for those outside Germany.
-
@dbattistella was not final at the time, as Bendels appealed. The Bamberg Regional Court later overturned the decision and acquitted him.
The case stemmed from a photo montage posted on X. Bendels had edited an image of Nancy Faeser so that a sign in front of her read “I hate freedom of speech,” whereas the original image said “We Remember.” Without context, the case is somewhat difficult to understand, especially for those outside Germany.
@dbattistella Aside from this, there are hardly any known cases that went this far.
Section 188 of the Criminal Code was originally introduced in 1951, then as Section 187a, to protect the functioning of the political system. This includes not just individual politicians but the political climate as a whole. Lawmakers viewed excessive defamation and degrading attacks as a threat to political life. Its roots go back to the early 1930s.
-
@dbattistella Aside from this, there are hardly any known cases that went this far.
Section 188 of the Criminal Code was originally introduced in 1951, then as Section 187a, to protect the functioning of the political system. This includes not just individual politicians but the political climate as a whole. Lawmakers viewed excessive defamation and degrading attacks as a threat to political life. Its roots go back to the early 1930s.
@dbattistella In 1931, President Hindenburg issued a decree to protect internal peace, aimed at combating agitation and the “poisoning of public life.” At the time, widespread smear and defamation campaigns, especially against government and party officials, were seen as further undermining political stability.
-
Section 188 of Germany’s criminal code is insane! The statute states that anyone who “insults a person who exercises a political office shall be punished with imprisonment from three months to five years.”
Germany's Chancellor has opened 300 criminal investigations against people who insulted him. A guy in Stuttgart called Merz a "drunkard." Police searched his house.
Merz's office spent months in court trying to hide which prosecutors were handling these cases. He just lost.
#Germany #ChancellorMerz
https://reclaimthenet.org/merz-insult-law-controversyI had not heard about the case you mentioned. Thanks, though it is interesting to know.
The Stuttgart Regional Court later ruled the search unlawful, as it was disproportionate to a simple insult offense. However, the proceedings under Section 188 of the Criminal Code are still ongoing, since this does not automatically lead to dismissal. I find it hard to imagine that he will ultimately be convicted. -
I had not heard about the case you mentioned. Thanks, though it is interesting to know.
The Stuttgart Regional Court later ruled the search unlawful, as it was disproportionate to a simple insult offense. However, the proceedings under Section 188 of the Criminal Code are still ongoing, since this does not automatically lead to dismissal. I find it hard to imagine that he will ultimately be convicted.@dbattistella I looked into it again, and there do seem to be a few isolated cases. Some people have been convicted for insulting Friedrich Merz under Section 188 of the Criminal Code, while similar cases are handled under Section 185 when the stricter requirements are not met. To assess this properly, the individual cases would need closer examination.
-
@dbattistella I looked into it again, and there do seem to be a few isolated cases. Some people have been convicted for insulting Friedrich Merz under Section 188 of the Criminal Code, while similar cases are handled under Section 185 when the stricter requirements are not met. To assess this properly, the individual cases would need closer examination.
@dbattistella The term “drunkard” can likely be considered an insult even when directed at ordinary people, as it is a derogatory term that implies alcohol dependence or a lack of self-control; in many cases, courts view such terms as clearly defamatory and therefore punishable by law.
-
@dbattistella Nowadays, people are generally no longer convicted for this, so the law can certainly be questioned. However, there was a notable recent case under Section 188 of the German Criminal Code. In April 2025, the Bamberg District Court sentenced Deutschland-Kurier editor-in-chief David Bendels to seven months’ imprisonment on probation. Many described this as a scandalous ruling. It is important to note, however, that the judgment
@dbattistella „Nowadays, people are generally no longer convicted for this“
That's probably not entirely accurate anymore; see my more recent comments on this. It's embarrassing that I had to learn that from a Canadian.
-
Section 188 of Germany’s criminal code is insane! The statute states that anyone who “insults a person who exercises a political office shall be punished with imprisonment from three months to five years.”
Germany's Chancellor has opened 300 criminal investigations against people who insulted him. A guy in Stuttgart called Merz a "drunkard." Police searched his house.
Merz's office spent months in court trying to hide which prosecutors were handling these cases. He just lost.
#Germany #ChancellorMerz
https://reclaimthenet.org/merz-insult-law-controversy@dbattistella I am currently learning that Canada does not have a standalone “insult law” like Section 185 of the German Criminal Code (StGB), but offenses against honor may be indirectly addressed under criminal and civil law. For example, Provisions regarding public mischief, public decency, and threats of death or bodily harm (sections 175, 264, etc.), which may cover derogatory, harassing, or threatening expressions
-
@dbattistella I am currently learning that Canada does not have a standalone “insult law” like Section 185 of the German Criminal Code (StGB), but offenses against honor may be indirectly addressed under criminal and civil law. For example, Provisions regarding public mischief, public decency, and threats of death or bodily harm (sections 175, 264, etc.), which may cover derogatory, harassing, or threatening expressions
@dbattistella if they disturb public order or contain threats. Private insults (i.e., individual offensive remarks between private individuals) are generally not prosecuted as criminal offenses but rather as a matter of civil law (e.g., “insult” under tort law or in the context of claims for damages and injunctions).
-
@dbattistella if they disturb public order or contain threats. Private insults (i.e., individual offensive remarks between private individuals) are generally not prosecuted as criminal offenses but rather as a matter of civil law (e.g., “insult” under tort law or in the context of claims for damages and injunctions).
@dbattistella I think there are already a lot of court cases in Germany involving normal insults. For example, in traffic. It’s enough just to give someone the bird (put your finger to your forehead) or
say “fuck you” or give the middle finge, those are considered insults. I’m sure there are often fines for that or points added to your driving record. There’s this cliché that Germans really love to sue each other. There’s probably always some truth to it. -
@dbattistella I think there are already a lot of court cases in Germany involving normal insults. For example, in traffic. It’s enough just to give someone the bird (put your finger to your forehead) or
say “fuck you” or give the middle finge, those are considered insults. I’m sure there are often fines for that or points added to your driving record. There’s this cliché that Germans really love to sue each other. There’s probably always some truth to it.@dbattistella If you’re already paying for legal protection insurance (it’s a real cliché that Germans love to insure themselves against everything), then you might as well use it, otherwise, why pay for it?
-
@dbattistella If you’re already paying for legal protection insurance (it’s a real cliché that Germans love to insure themselves against everything), then you might as well use it, otherwise, why pay for it?
