A heated word in an argument, a comment under a Facebook post, a raised middle finger at a traffic light: investigations for insult are among the most frequent cases at German local courts. Many people treat the matter as trivial and only react once a penalty order (Penalty Order) arrives. At that point a two-week deadline is already running. Below we explain when a statement is punishable at all, where freedom of expression applies and how such proceedings can be closed without a conviction.
The Honor Offenses at a Glance (§§ 185-187 StGB)
The German Criminal Code distinguishes three basic forms. Insult under § 185 StGB covers value judgments that disparage another person, as well as untrue or unprovable factual allegations made to the person concerned. Defamation under § 186 StGB (üble Nachrede) concerns damaging facts asserted to third parties that cannot be proven true. Intentional defamation under § 187 StGB (Slander) requires that the offender knows the allegation is false.
Simple insult carries up to one year of imprisonment or a fine. If it is committed publicly, in a meeting, by disseminating content or by means of physical assault, the maximum has been two years since the 2021 reform, which was aimed mainly at online hate speech. Intentional defamation committed publicly can be punished with up to five years. There are also special provisions, such as § 188 StGB for persons in political life and § 192a StGB for inciting insult directed at groups.
Value Judgment versus Statement of Fact
This distinction is often the first point of attack for the defense. A fact can be proven: “He took money from the till” can be checked. A value judgment is an assessment: “He is a bad boss” can neither be proven nor disproven. Many statements contain both. The court then has to look at the overall context, including what was said before, the tone and the audience. Whether a statement falls under § 186 StGB as a factual claim or under § 185 StGB as an opinion matters a great deal, because under § 186 StGB the truth of the allegation excludes criminal liability.
Freedom of Expression, Abusive Criticism and Formal Insult
Article 5(1) of the Basic Law also protects sharp, polemical and exaggerated criticism. Before a court convicts someone for a value judgment, it generally has to weigh freedom of expression against the personality rights of the person concerned. This balancing may only be skipped in narrowly defined exceptions: abusive criticism (Schmähkritik), formal insults and attacks on human dignity. The Federal Constitutional Court restated this in several decisions of 19 May 2020 (among them 1 BvR 2397/19) and requires criminal courts to justify these exceptions carefully.
Abusive criticism only exists where the statement has no connection to any factual dispute and is solely meant to degrade the person. Formal insults are particularly crude swear words that are understood as abuse regardless of context. In practice, local courts still often give thin reasons for convictions. A missing or flawed balancing exercise is a ground for appeal on facts or law.
Justification: Safeguarding Legitimate Interests (§ 193 StGB)
Critical statements in job references, court pleadings, complaints to authorities or in defense of one’s own rights can be justified under § 193 StGB. Someone who accuses an official of misconduct in a formal complaint, or attacks the opposing party sharply in civil litigation, is protected within that framework. The limit is reached when the form is needlessly degrading or when someone knowingly tells untruths.
Complaint and Private-Prosecution Offense
Insult is generally prosecuted only upon a criminal complaint (§ 194 StGB). The complaint must be filed within three months of learning about the act and the offender (§ 77b StGB). If the deadline is missed, there is a procedural bar. Exceptions apply in certain cases; for insults against police officers, the head of the authority usually files the complaint.
Insult is also a private-prosecution offense (§ 374(1) no. 2 StPO). The public prosecutor only brings charges if there is a public interest (§ 376 StPO). If not, the injured party is referred to private prosecution. In North Rhine-Westphalia, an attempt at conciliation before the local arbitration office (Schiedsamt) is generally required first (§ 380 StPO). Many complainants do not pursue the matter after that.
Typical Cases
In our Bonn practice we mainly see insults against police officers during checks or arrests, disputes between neighbors, road rage incidents with gestures, conflicts at work and comments on social networks or messaging apps. With online statements, complainants often keep screenshots. Whether a screenshot is complete and shows the context correctly is a separate question that we examine in the file.
Course of the Proceedings
Usually the police send a summons or a hearing form. The file then goes to the public prosecutor, who either discontinues the case, refers it to private prosecution, applies for a penalty order or brings charges. Most insult cases end with a discontinuance or a penalty order. A trial is the exception.
Strategy and Options for Action
1. Remain Silent and Obtain File Access
You do not have to respond to a police summons. Making a statement without knowing the file is particularly harmful in insult cases, because people try to explain what they said and thereby confirm the wording. We first apply for file access and see which witnesses exist and what exactly is alleged.
2. Interpretation and Freedom of Expression
Once the wording is clear, the question is how to interpret it. An ambiguous statement may not simply be read in the meaning least favorable to the accused. We work out the context and explain why the statement is covered by Article 5 of the Basic Law.
3. Safeguarding Legitimate Interests (§ 193)
If the statement was made in a complaint, a lawsuit or a workplace dispute, we examine justification under § 193 StGB.
4. Use the Complaint Requirement
We check whether a valid complaint was filed in time. A complaint can also be withdrawn (§ 77d StGB). Often an apology or a small payment can be agreed with the other side in exchange for withdrawal. The proceedings must then be discontinued, although costs may follow.
5. Discontinuance and Referral to Private Prosecution
Otherwise a discontinuance for minor guilt under § 153 StPO, against conditions under § 153a StPO, or referral to private prosecution are possible. In cases of mutual insults, the court may declare one or both parties exempt from punishment (§ 199 StGB).
Consequences of a Conviction
First offenders generally receive a fine calculated in daily rates based on income. Fines of up to 90 daily rates do not appear in the standard certificate of good conduct if there is no other entry in the Federal Central Register (§ 32(2) no. 5 BZRG). Separately, the injured party can claim an injunction and possibly damages under civil law. Civil servants, soldiers and members of certain professions may also face disciplinary consequences.
Frequently Asked Questions
Is an insult on the internet punishable?
Yes, and it carries a higher penalty if made publicly, that is visible to an indefinite group of people. Statements in closed groups can also be punishable. Investigators request subscriber data from providers.
Must a criminal complaint be filed?
Generally yes, within three months. Without a complaint, insult is only prosecuted in exceptional cases defined by law.
Is every crude statement punishable?
No. Rudeness, tactlessness and harsh criticism are not automatically insults. What matters is whether the statement has a defamatory content and whether the balancing against freedom of expression goes against the speaker.
What is the difference between insult and defamation?
Insult concerns value judgments or statements made directly to the person concerned. Defamation concerns factual claims made to third parties that cannot be proven or are known to be false.
Can the proceedings be discontinued?
Frequently, yes: for lack of a complaint, by withdrawal of the complaint, under §§ 153, 153a StPO or by referral to private prosecution.
How We Can Help
Because these cases look small, the course is set early. Anyone who makes a statement before seeing the file or lets the objection deadline pass loses options. As your criminal defense in Bonn, we handle communication with the police and prosecutor and check whether a discontinuance is achievable. This information is general and does not replace advice in an individual case.
Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: November 2026
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