(de-news.net) – A debate has emerged within the German political sphere over the future of Section 188 of the Criminal Code, which provides enhanced protection against insults targeting politicians. CDU and Green Party representatives argue that the provision should be abolished in the interest of equal treatment and free expression, while the SPD maintains that it remains necessary to protect politically active citizens from hostility and intimidation.
Section 188 of the German Criminal Code, which provides enhanced legal protection against insults directed at politicians and other individuals engaged in political life, should be abolished, according to senior CDU official Carsten Linnemann. He stated that he supported proposals to remove the provision, arguing that public confidence in the legal and political system could be undermined when comparatively minor speech-related offenses resulted in criminal prosecution. In his assessment, such cases risk creating a disconnect between public expectations and legal practice. While acknowledging that political discourse has become increasingly confrontational and that the tone of public debate has in many respects grown harsher, Linnemann maintained that elected officials must be prepared to face severe criticism as part of democratic life. He further warned that overly expansive use of criminal law in this area could foster the perception that freedom of expression was being restricted, a development he regarded as harmful to democratic culture and public trust in political institutions.
Linnemann emphasized that the constitutional guarantee of freedom of expression remained firmly in place and continued to provide a central safeguard within Germany’s democratic order. At the same time, he noted that existing legal mechanisms already provided a basis for intervention when speech crossed established legal boundaries. In his view, therefore, additional protections extending beyond those limits warranted careful scrutiny. He argued that measures perceived as exceeding what was necessary could contribute to political polarization and deepen existing tensions within public debate. For that reason, he called for a broader discussion of the role and future of Section 188 within the legal framework governing freedom of expression and personal protection.
A broadly similar position was advanced by Günter Krings, the deputy chairman of the CDU/CSU parliamentary faction responsible for domestic and legal affairs. Krings stated that politicians did not require a separate criminal offense specifically designed for their protection and therefore expressed openness to abolishing Section 188. At the same time, however, he firmly rejected any suggestion that penalties for insults should be reduced more generally. Instead, he advocated strengthening protections for personal dignity and reputation across society as a whole. Referring to what he described as a wider trend toward increasingly coarse and uncivil public discourse, Krings proposed extending the stricter sentencing framework currently associated with Section 188 to ordinary insult offenses prosecuted under Section 185 of the Criminal Code. According to his reasoning, such a reform would eliminate concerns about unequal treatment under the law while simultaneously ensuring stronger and more consistent protections for all citizens rather than for politicians alone.
High-profile prosecutions reignite debate
The proposal met with opposition from the SPD. Carmen Wegge, the party’s spokesperson on legal affairs, argued that the timing of calls for repeal was inappropriate given recent developments. In support of her position, she pointed to a reported increase in related investigations, which had risen from roughly 2,600 cases in 2025 to approximately 4,500 more recently. Wegge maintained that these figures demonstrated a clear upward trend in attacks directed at individuals involved in political life. She emphasized that the purpose of Section 188 was not primarily to shield prominent officeholders or powerful political figures, but rather to protect the approximately 200,000 local elected representatives, municipal officials, and volunteer officeholders who participate in public service throughout Germany. In her view, the provision serves an important protective function by addressing conduct intended to intimidate, marginalize, or discourage individuals from political engagement. Consequently, she argued that freedom of expression does not encompass deliberate attacks on personal dignity aimed at driving people out of public life and that Section 188 exists specifically to prevent such outcomes.
By contrast, Green Party Member of the European Parliament Erik Marquardt joined CDU representatives in supporting the abolition of the provision. Although he acknowledged that politicians are frequently exposed to substantial levels of abuse, disparagement, and personal hostility, he argued that public officials should not benefit from special legal privileges unavailable to other citizens. In his assessment, the more pressing concern was the protection of politically active individuals from actual violence, intimidation, and credible threats. He stressed that this issue was particularly significant at the municipal and local levels, where many elected representatives and volunteers perform public duties with comparatively limited resources and visibility. Marquardt further argued that maintaining public confidence in democratic institutions required avoiding any perception that political actors were seeking to limit or suppress legitimate public criticism. For that reason, he concluded that Section 188 should be removed from the Criminal Code.
The debate has gained additional momentum following recent legal proceedings involving German Chancellor Friedrich Merz. In those cases, penalty orders were issued after Merz had been referred to using derogatory expressions. The incidents attracted broader public attention and intensified discussion about the appropriate balance between protecting political figures from abusive conduct and safeguarding freedom of expression. The issue is scheduled to be examined further at the upcoming Conference of Justice Ministers in Hamburg, where policymakers are expected to consider possible reforms. Meanwhile, Saxony’s Minister of Justice, Constanze Geiert (CDU), has submitted a proposal calling for amendments to Section 185 while also advocating either the abolition of Section 188 or a substantial narrowing of its scope. Her initiative ensures that the future of the provision will remain a prominent subject of legal and political debate in the period ahead.
Audio: TTSFree
