Criminal defense for Incitement to Hatred in Bonn

Legal Basis

§ 130 StGB

Sentencing Range

Imprisonment of up to five years or a fine; varying depending on the variant

Summary

Inciting hatred or attacking the human dignity of groups in a way capable of disturbing the public peace

Incitement to Hatred (Section 130 StGB) – Overview

An allegation of incitement to hatred (Volksverhetzung) under Section 130 of the German Criminal Code (StGB) concerns statements capable of disturbing the public peace by inciting hatred against certain groups, calling for violence, or attacking the human dignity of others. Proceedings frequently arise online – in social networks, chat groups or comments.

What is incitement to hatred?

Section 130 StGB covers several variants. It is punishable in particular to incite hatred against national, racial, religious or ethnically defined groups, or against individuals because of their membership of such a group, to call for violent or arbitrary measures, or to attack human dignity. Further variants concern approving, denying or trivialising the Holocaust and disseminating corresponding material. The act must be capable of disturbing the public peace.

Distinction from freedom of expression

Freedom of expression (Article 5 of the Basic Law) protects sharp and polemical statements too. The line is crossed, however, where hatred is incited or human dignity attacked. The interpretation of the specific statement in its context is always decisive – often precisely where the defence begins. A hasty classification as “incitement to hatred” does not always withstand legal scrutiny.

What penalties apply?

Depending on the variant, the range extends to five years’ imprisonment or a fine. Where material is disseminated online, searches and the seizure of data carriers often follow. For first-time offenders and individual statements, a fine or a discontinuation is possible.

Defence

The defence examines the precise interpretation of the statement, its context and its capacity to disturb the peace, as well as intent. In online cases, authorship and the admissibility of evidence must also be clarified. The case file should be inspected before any statement; submissions should be made only through your defence lawyer.

Frequently asked questions

Is a single online comment enough for incitement to hatred? It can be, where it incites hatred or attacks human dignity and is capable of disturbing the public peace; context and interpretation are decisive.

Where is the line with freedom of expression? Sharp opinions are protected; inciting hatred or attacking human dignity is not. The specific wording in context determines the outcome.

What sentence does it carry? Up to five years’ imprisonment or a fine, depending on the variant.

Should I make a statement? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: A user posts a comment in a public group that sweepingly denounces a section of the population as criminal and calls for their expulsion. Incitement to hatred may exist here, because hatred is incited and human dignity attacked. With merely crude but non-dehumanising criticism, by contrast, the statement remains covered by freedom of expression.

A particularity is the reach via the internet: because posts are publicly accessible, the capacity to disturb the public peace is usually unproblematic. At the same time, limitation only begins when the content is deleted, because keeping it available counts as continuing dissemination. The defence often focuses on the interpretation of the statement and on intent.

This information is general in nature and does not replace advice in an individual case.

Summons or accusation of Incitement to Hatred? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Incitement to Hatred requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.