Baden-Württemberg and Saxony are advocating for reforms to the controversial law regarding insults directed at politicians.
At the current conference of Ministers of Justice, both German states called for either a narrowing of scope or a substantial revision of Section 188 of the Criminal Code (StGB). Based on a proposal put forward by Baden-Württemberg’s Minister of Justice, Moritz Oppelt (CDU), the section would only apply if the targeted individual was a volunteer local politician, rather than a professional career politician.
Oppelt informed The Spiegel that high-ranking politicians should be able to tolerate intense disagreements and confrontational criticism. According to him, these individuals should not be subjected to the automatic criminal prosecution stipulated by § 188. Instead, the focus should be on protecting volunteer politicians, ensuring they do not abandon their roles merely because they face severe personal attacks.
Saxony’s Minister of Justice, Constanze Geiert, has even pushed for the complete abolition of the politician insult provision in Section 188.
Section 188 is frequently criticized, with observers suggesting that it constitutes an excessive protection of politicians. The current law allows the public prosecutor to launch an investigation even if the victim has not filed a formal complaint, and it also imposes a higher maximum penalty compared to simple insults. It must be noted that decisions made by state ministers of justice are not binding; any change to the Criminal Code would require action by the Bundestag.
