Germany’s state justice ministers have agreed at their conference in Hamburg to reform Section 188 of the criminal code. The special rule for top politicians, which provides for automatic prosecution, is to be abolished. However, holders of public office and mandates are to continue receiving special protection.
Baden-Württemberg’s Justice Minister Moritz Oppelt (CDU) justified the planned change by saying that top politicians can and must withstand tough debates. They do not need the automatic prosecution that the paragraph currently provides. The situation is different for local politicians, explained Saxony’s Justice Minister Constanze Geiert (CDU). They work on a voluntary basis or alongside their jobs and are often directly exposed to hostility, which is why they deserve special protection against hate and incitement.
The decision is based on a joint proposal by the justice ministers of Saxony and Baden-Württemberg. The conference itself cannot change laws but sends a request to the federal legislature. Oppelt stressed that the conference is sending a clear appeal to limit the paragraph to its core content. Now it is up to the Bundestag.
The debate is set against the backdrop of recent court decisions, such as a penal order from Öhringen against a Facebook user who called Chancellor Friedrich Merz (CDU) a “liar.” Section 188 provides for prison sentences of up to three years or fines for insulting politicians and allows prosecutors to investigate without a criminal complaint. The current version has been in force since April 2021. A Forsa poll shows that 58 percent of Germans want to keep the offense, while 38 percent favor its abolition.
Source: www.spiegel.de
