Federal Minister of Justice Stefanie Hubig (SPD) addressed the criminal law section Paragraf 188 and the handling of the case where Chancellor Friedrich Merz (CDU) was called “Lügenfritz,” emphasizing that politicians must be expected to tolerate more criticism than ordinary citizens.
Speaking to Redaktionsnetzwerk Deutschland, Hubig stated that the current form of Paragraf 188 is a reaction to the murder of Walter Lübcke. Lübcke, who served as the Government President of Kassel, had been subjected to months of severe defamation and insults before being murdered by a right-wing extremist. Following this terrible act five years ago, the conclusion drawn was that the state needed to better protect local politicians, especially from attacks, which included both insults and slander, as such behavior often serves as a breeding ground for physical violence.
Hubig asserted that the controversial Paragraf 188 of the German Criminal Code does not criminalize anything that was not already punishable. Furthermore, she cited the German Federal Constitutional Court’s clear stance that politicians are actually expected to endure significantly more than regular citizens. She added that “political criticism and freedom of opinion are absolutely essential for democracy,” while acknowledging that she could understand why some might question whether the law goes too far.
The SPD politician further explained that in a state governed by the rule of law, it is normal for courts to issue decisions that may not be immediately intuitive for everyone. She pointed out that judicial decisions usually offer a possibility for subsequent reconsideration. In a democracy, it is permissible for issues to be “raised loudly at times,” and citizens should not hesitate to criticize the government.
The specific case involving the designation of Merz as “Lügenfritz” resulted in a criminal penalty and a fine of 30 daily rates being applied to a Facebook user by the District Court of Öhringen near Heilbronn. In a separate development, the Conference of Ministers of Justice in Hamburg decided to limit the legally defined criminal penalties for insults against politicians exclusively to local public officials and mandate holders, rather than to top-tier politicians. Under Paragraf 188, insults directed at politicians can be penalized with up to three years in prison, even if the victim does not press charges.
