Insult of Politicians StGB: What Penalty Is Threatened Under § 188 StGB?

Public statements about politicians – when is criminal liability threatened under § 188 StGB?

Public discussions about insulting statements toward politicians repeatedly lead to criminal investigations. Occasions for this in the past included, among others, posts in connection with Federal Minister of Economics Robert Habeck as well as a “Pinocchio” post about CDU leader Friedrich Merz.

Such cases demonstrate that publicly disseminated comments or representations – for example, on social networks, at demonstrations, or in public posts – can be criminally relevant. In certain circumstances, criminal liability for insult of persons in political life under § 188 StGB may be considered.

Even private social media comments may under certain circumstances be classified as insult of politicians under StGB.

Summons for insult of a politician – what to do?

In such cases, investigations are frequently conducted for insult of politicians – for example, based on a public comment on Instagram, Facebook, or X. Many affected persons only learn through a summons or even a search warrant that their social media post is being examined under criminal law.

What many do not know:
The insult of a person in political life under § 188 StGB can be punished significantly more severely than a “normal” insult under § 185 StGB.

Public comments or memes on the internet now regularly lead to investigation proceedings.

When is an insult of politicians punishable under § 188 StGB?

Not every criticism of political decisions is punishable. Even sharp or polemical statements may be covered by freedom of expression.

Punishable conduct is particularly considered when:

• the statement is directed against a person in political life
• the statement is made publicly (e.g., via social media)
• and it is suitable to significantly impede the public work of the affected person

Typical circumstances in investigation proceedings are:

• insulting comments under political posts
• photo montages or memes
• public posts or stories
• replies on party pages or press articles

Is a search warrant threatened for insult of politicians under StGB?

In the case of public statements on the internet, even a comment or social media post can lead to the initiation of investigation proceedings. In such cases, investigating judges sometimes also order a search warrant to secure digital evidence.

The objective of the measure is frequently to:

• seize the mobile phone or laptop used
• attribute social media accounts
• evaluate stored posts

Offense & Criminal Complaint

The offense of insult of a politician under § 188 StGB is particularly fulfilled when a publicly expressed statement is suitable to significantly impede the public work of the affected person. This may already be the case with insulting comments, photo montages, or social media posts.

In practice, corresponding investigation proceedings are frequently initiated through a criminal complaint or through the public prosecutor’s own investigations. Unlike with “normal” insult, proceedings under § 188 StGB can also be conducted without a criminal complaint by the affected politician, provided a special public interest is assumed.

What is the potential penalty?

The sentencing range is increased compared to § 185 Criminal Code:

Under § 188 Criminal Code

• Fine or
• Imprisonment of up to 3 years

Defamation or slander (§ 188 StGB)

• Imprisonment from 3 months to 5 years

Summons for insult of a politician – what to do?

If you have received a summons or hearing notice:

• Do not make any statement to the police
• Secure the relevant comment or post
• Obtain access to case files at an early stage

Only based on the investigation file can it be assessed whether criminal liability actually exists or whether dismissal of the proceedings can be pursued.