Insult (§ 185 StGB) – Elements, Penalties and Defense

In brief: Insult under § 185 StGB – the communication of disrespect or contempt for a person – is punishable by up to one year of imprisonment or a fine; where committed publicly or by dissemination (for instance online), up to two years. Insult is an offense prosecuted only on complaint and by private prosecution. Decisive are the distinction from permissible expressions of opinion, the justification of safeguarding legitimate interests (§ 193) and the complaint requirement. Many proceedings can be discontinued or referred to the private-prosecution route.

Accusations of insult arise today above all online – in social networks, chats and reviews – but also in road traffic, in the neighborhood or towards public officials. This article explains the elements, the sentencing range and the concrete options for action.

The Honor Offenses at a Glance (§§ 185–187 StGB)

• § 185 – insult: the communication of disrespect through a value judgment (or an untrue fact towards the affected person themselves) – up to one year or a fine; where committed publicly, in a meeting or by disseminating content, as well as by a physical act, up to two years.
• § 186 – defamation: asserting or spreading, towards third parties, a defamatory fact that is not demonstrably true.
• § 187 – intentional defamation: asserting an untrue defamatory fact against better knowledge – up to two years, publicly up to five years.

For insults against persons in political life, the aggravation of § 188 applies. Since the 2021 reform, public and online-disseminated attacks on honor carry considerably higher penalties.

Value Judgment versus Statement of Fact

The classification of a statement as a value judgment or a statement of fact is often decisive. Value judgments (subjective assessments) fall under § 185 and enjoy the strong protection of freedom of expression; only their most severe forms are punishable. Statements of fact that lower the honor of another and are directed at third parties fall under §§ 186, 187, where the question of truth is central. The correct classification – and the interpretation of ambiguous statements in the sense most favorable to the accused – is a core task of the defense.

Freedom of Expression, Abusive Criticism and Formal Insult

Not every sharp or impolite statement is punishable. Value judgments are protected by freedom of expression (Article 5 of the Basic Law); the courts must interpret the statement in context and weigh the conflicting interests. It becomes punishable above all in the case of abusive criticism (where the demeaning of the person, rather than the matter, is the sole focus), formal insults (§ 192) and the use of expressions that violate human dignity. Precisely this weighing is frequently the core of the defense.

Justification: Safeguarding Legitimate Interests (§ 193 StGB)

§ 193 justifies defamatory statements made to safeguard legitimate interests – for instance in public debate, in legal defense or in fact-based criticism. Whoever moves within the bounds of a factual dispute does not act unlawfully.

Complaint and Private-Prosecution Offense

Insult is prosecuted only on criminal complaint (§ 194); the complaint must be filed within three months and can be withdrawn. Insult is moreover a private-prosecution offense (§ 374 StPO): the public prosecutor pursues it only where there is a special public interest; otherwise the affected person is referred to the private-prosecution route. This opens up important options for the defense.

Typical Cases

Frequent are insults in social networks and chats, in online reviews, in road traffic (gestures and expressions), in the neighborhood and towards police and public officials. In the case of insulting an official, the prosecution frequently affirms the public interest.

Course of the Proceedings

The proceedings usually begin with a criminal complaint by the affected person. Where the public prosecutor denies a special public interest, the matter is not pursued ex officio but referred to private prosecution. This procedural setting frequently allows the defense to end the matter without a public main hearing.

Strategy and Options for Action

1. Remain Silent and Obtain File Access

Make no statement on the matter without defense counsel (§ 136 StPO). Only file inspection (§ 147 StPO) shows the exact wording and context of the statement.

2. Interpretation and Freedom of Expression

The statement must be interpreted in context. Often it can be shown that it is a permissible, if sharp, expression of opinion and not abusive criticism.

3. Safeguarding Legitimate Interests (§ 193)

Where the statement was made in a fact-based dispute or in legal defense, § 193 can exclude criminal liability.

4. Use the Complaint Requirement

If a valid criminal complaint is missing or is withdrawn, the proceedings must be discontinued. An understanding with the affected person is often possible.

5. Discontinuance and Referral to Private Prosecution

Without a special public interest, the affected person is referred to private prosecution; a discontinuance under § 153 or § 153a StPO also comes into consideration.

Consequences of a Conviction

Every conviction is entered in the Federal Central Criminal Register; it appears in the certificate of good conduct as a rule only from more than 90 daily units of a fine (§ 32 BZRG). Besides the sentence, civil-law claims (injunction, retraction, damages for pain and suffering) frequently loom and must be considered.

Frequently Asked Questions

Is an insult on the internet punishable?

Yes, and since 2021 even more severely (up to two years), because a statement disseminated on the internet counts as public or disseminating commission.

Must a criminal complaint be filed?

Yes. Insult is prosecuted only on complaint (§ 194) and is a private-prosecution offense; without a public interest the affected person is referred to private prosecution.

Is every crude statement punishable?

No. Value judgments are protected by freedom of expression; it becomes punishable above all in the case of abusive criticism or formal insult.

What is the difference between insult and defamation?

Insult (§ 185) concerns above all value judgments, defamation (§ 186) the assertion of defamatory facts towards third parties, where the question of truth is decisive.

Can the proceedings be discontinued?

Yes, through withdrawal of the complaint, an understanding with the affected person or a discontinuance under § 153 or § 153a StPO.

How We Can Help

In insult cases, interpretation, freedom of expression and the complaint requirement decide the outcome. Those who remain silent early and work specifically on these points can often end the proceedings without a conviction. We defend you in Bonn and throughout the Rhineland; more on our page for criminal defense in Bonn.

This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.

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.

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Last updated: July 2026