Insulting politicians belongs away – opinion on the “imbecile” debate

An idiot meme is currently causing a stir. The reason for this is Vice Chancellor and Federal Minister of Economics Robert Habeck. He felt insulted after a pensioner posted a picture on social media in which he was called an “imbecile professional” and then filed a criminal complaint. The public prosecutor’s office is investigating.

Now there is great outrage. Many are bothered by what has happened so far. On the one hand, they are irritated by the judiciary’s approach: the Bamberg public prosecutor’s office had submitted an application for an apartment search, and the responsible district court followed the application. The allegations are of disproportionate action. There is speculation in the media about a political calculation by the prosecutors. There are also those who take issue with the actions of Robert Habeck, who initiated the process in the first place. Habeck acted excessively, he is ridiculed in the media as an “advertiser master”, or it is claimed that as a politician he is deliberately “throwing dirt on his victim”.

The question may be asked: What did you expect? Neither the Bavarian judiciary nor the criminal defendant Robert Habeck should be blamed. According to the law, the injured party is free to file a criminal complaint. Your motivation is irrelevant.

The judiciary, in turn, is bound by law and order via Article 20 Paragraph 3 of the Basic Law. Above all, this means that public prosecutors and courts must comply with existing laws. However, this is exactly where the crux of the matter lies and – in my opinion – the real problem of the case. At the legal level, namely. Because Section 188 of the Criminal Code, which is relevant in this case and which now also applies to so-called insults to politicians, makes the case problematic. It was changed in 2021 and in paragraph 1 it privileges politicians if they are insulted, especially by containing a higher threat of punishment.

The case surrounding the idiot meme now seems to be turning that on its head. The grand coalition had changed the criminal law. With the amendment to Section 188 of the Criminal Code – the legislators hope – the “Poisoning the political climate through defamation and slander” be counteracted. It was agreed at the time that insults were also appropriate, ““to make the public work of political figures considerably more difficult”. But in the case of the idiot meme, this hope not only failed to come true. The case also shows that the political climate was really heated and poisoned by the reporting on law enforcement in the first place. The reactions to the criminal proceedings and their spread – especially the slander allegations – are likely to complicate Robert Habeck’s public work almost more than the idiot meme itself.

I’m also concerned about what Section 188 of the Criminal Code could do in the wrong hands. As long as democratic forces are in power, none of this may be a problem. But just think of an AfD justice minister who instructs the public prosecutor to take action against critics on the basis of this regulation. This scenario may seem far-fetched now. However, not thinking about it would be reckless.

Finally, I want to get to the point: insulting politicians in Section 188 of the Criminal Code should be abolished.