Disaster Head-on attack against freedom of speech - Germany: SPD plans to make it easier to criminally prosecute insults against politicians

Bespoke translation by yours truly. Original source [A]


Head-on attack against freedom of speech​


I often say that the SPD is the most unconstitutional [political] party [in Germany] judged by its prior actions.

WELT reports: Now comes the initiative to prosecute "insults against politicians" even more comprehensively

Even more comprehensively?

From the SPD comes an initiative to reduce the requirements of "insults against politicians" to make criminal prosecution easier. Lower Saxony wants to submit a corresponding proposition in the upcoming justice minister summit. A constitutional lawyer warns about violating the constitution.

The phrasing is awesome: They criminalize something to make prosecuting it easier.

The Minister of Justice of Lower Saxony, Kathrin Wahlmann (SPD), calls for adjusting the criminal code to more comprehensively prosecute the insulting of politicians. A corresponding proposition is to be made at the state-level minister of justice summit which starts on Thursday. The original draft is available to WELT, first the "Legal Tribune Online" reported on this.

"adjusting"....

The core of the proposition is to reduce the requirements of "insults against politicians". There is a criterion according to which an insult can only be prosecuted as "insult against politicians" if the act is suitable for "significantly hindering" the "public work" of the politicians - this criterion is to be dropped.

Which hints at massive deficiencies in law studies and legal history, even if she has been a judge at three courts, this is not a contradiction nowadays. Apparently she doesn't know where this law even comes from.

Instead, they're setting up a general majesty offense paragraph.

This is particularly bad because it's based on insult and hate - but both of these are totally arbitrary legal terms, and this is no longer dependent on a demand for prosecution by the "aggrieved" party. So there is no longer a requirement that the politician feels offended in the first place. And there is no objective crime, because "hate" and "insult" are arbitrarily determined by every prosecutor and judge the way they feel like doing it. And I have already described how the official judgment of "hate" is that it's not defined at all, but the daily current discourse decides what hate currently means. See the NDR.

"Because the regulations that were made for this in the past have proven to be insufficiently effective, I plead at this year's justice minister summit to reinforce them."

I see.

There still exists criticism of the SPD, so they need to go tougher until it's quiet.

And then they always tell us that they're the defenders of the constitution, which they are to protect against the evil AfD.
 
Some context:
As far as I am aware, the part of the German criminal code which criminalizes insults against politicians (as of right now, if they "significantly hinder" the "public work" of the politicians, aka
Section 188
Insult, malicious gossip and defamation directed at persons in political life


(1) If an offence of insult (section 185) is committed publicly, in a meeting or by disseminating content (section 11 (3)) against a person involved in the political life of the nation on account of the position that person holds in public life and if the offence is suited to making that person’s public activities substantially more difficult, the penalty is imprisonment for a term not exceeding three years or a fine. The political life of the nation reaches down to the local level.

(2) Malicious gossip (section 186) under the same conditions incurs a penalty of imprisonment for a term of between three months and five years and defamation (section 187) under the same conditions incurs a penalty of imprisonment for a term of between six months and five years.
was established after the Third Reich because, well, duh, directly after WWII, for decades they had no choice but to fill up positions in government and agencies with people who are former Nazis and former Nazi allies. Publicly calling them out as Nazis after the war is already lost was thus prosecuted under this.

But then again, I am not a lawyer, and when it comes to legal history I'm more of an expert on medieval law and law theory, so take this with a grain of salt.
 
Insults against politicians is the most backward thing in the world. It's straight from the Middle Ages, where you couldn't criticize some nobleman because he worked for the King. This is third world-tier nonsense, no wonder Germany can't get enough third worlders in their country.

Also remember that the SPD is literally a communist party, among the oldest in the world and backed by Karl Marx himself. Their main ideologues were a guy named Karl Kautsky as well as a globalist Jew by the name of Eduard Bernstein. They advocated for the communism Marx described being gradually achieved without revolution, just like the Fabian Society did in Britain (and elsewhere). And guess what, these commies sure are winning pretty hard right now with their incremental bullshit.
But then again, I am not a lawyer, and when it comes to legal history I'm more of an expert on medieval law and law theory, so take this with a grain of salt.
Okay, I'll bite, how does this compare to laws within the Holy Roman Empire regarding insulting the medieval equivalent of politicians i.e. nobles and bureaucrats?
 
Back