Criminal defense for Insult in Bonn

Legal Basis

§ 185 StGB

Sentencing Range

Imprisonment of up to one year or a fine; up to two years if committed publicly

Summary

Insulting another person through a statement of contempt or disrespect

An accusation of insult under Section 185 StGB is among the most common charges and today frequently concerns comments made online or in traffic. Much turns on the context, on freedom of expression and on whether the statement crosses into an attack on personal honour. Attorney Philip Bafteh defends accused persons in Bonn, Cologne and nationwide – on the basis of the case file.

Insult (Section 185 German Criminal Code) – Criminal Defense Against Insult Charges

Insult is the most frequently prosecuted offence against personal honour in Germany. It protects the individual’s personal claim to respect and is reported across a wide range of life situations – from road traffic altercations and social media conflicts to neighbourhood and workplace disputes. For expats in Germany, it is important to understand that insults are treated as criminal offences, not merely civil matters as in many other legal systems.

Statutory Text – Section 185 StGB

Insult shall be punished with imprisonment of up to one year or a fine, and if the insult is committed publicly, at a gathering, by disseminating content, or by means of an assault, with imprisonment of up to two years or a fine.

Elements of the Offence in Detail

Dishonourable statement: An insult is the expression of contempt or disrespect towards another person. It can be committed through words, gestures, images, actions, or other forms of expression. The decisive factor is whether the statement, based on its objective meaning and the surrounding circumstances, is to be regarded as an expression of disdain.

Distinction from freedom of expression: The boundary between criminal insult and constitutionally protected expression of opinion is a central problem in insult law. Value judgments may be covered by freedom of expression (Art. 5 Basic Law) unless they qualify as pure abusive criticism – disparagement without any factual reference.

Factual assertions: Untrue dishonourable factual assertions made to the affected person can be punishable as insult. If made to third parties, defamation (Section 186 StGB) or slander (Section 187 StGB) may be applicable.

Insult by assault: Physical acts – such as spitting, a slap as an expression of contempt, or showing the middle finger – can also constitute insult.

Typical Methods of Commission

Insults are committed verbally in direct conversation, in writing by letter, email, or messenger, on social media and online forums, through gestures in traffic (middle finger, tapping the forehead), through physical acts such as spitting, and in the form of defamatory writings or images. With the increasing shift of communication to the internet, insult in the digital sphere has gained significantly in importance.

Sentencing Range

Simple insult is punished with imprisonment of up to one year or a fine. For public commission, at a gathering, through dissemination of content, or by means of assault, the range increases to up to two years of imprisonment or a fine. Insult is generally an offence prosecuted only on complaint (Section 194 StGB) – prosecution requires a criminal complaint by the injured party. The complaint must be filed within three months of learning of the offence and the offender.

Typical Defense Strategies

Defense against insult charges frequently focuses on the distinction from freedom of expression: is the statement a permissible – if sharp – expression of opinion, or a criminal disparagement? The case law of the Federal Constitutional Court grants freedom of expression a broad scope of protection. It is further examined whether the criminal complaint was filed in time and whether there was a counter-provocation that may reduce or eliminate the accused’s culpability. The right of safeguarding legitimate interests (Section 193 StGB) can operate as a justification ground. Attorney Bafteh develops an individual defense strategy for each case that exhausts all legal possibilities.

Typical case groups in insult (§ 185 StGB)

Insult proceedings today often arise on social networks, via messenger or in road traffic. The line between a punishable affront to honour and a permissible expression of opinion is fluid.

Insult on the internet and social media

Statements on Facebook, Instagram or in chat groups can be punishable. The context must always be examined and whether the statement is covered by freedom of expression (Art. 5 of the Basic Law).

Defamation and malicious gossip

Where dishonouring facts are asserted, malicious gossip (§ 186 StGB) or defamation (§ 187 StGB) come into consideration. Here the question of truth and provability is decisive.

Application and private prosecution

Insult offences are prosecuted only on application (§ 194 StGB); often parties are referred to private prosecution. A discontinuation against a condition is frequently possible, especially for first offenders.

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

Criminal courts in Bonn and Cologne

Proceedings in the region are usually handled by the public prosecutor’s office (Staatsanwaltschaft) in Bonn or Cologne, with penalty orders and trials before the Bonn Local Court (Amtsgericht Bonn) or the Cologne Local Court; more serious cases go to the Regional Court (Landgericht). Criminal defense attorney Philip Bafteh represents English-speaking clients at all stages – from the first letter to the trial.

Frequently asked questions

Is every rude remark a criminal insult? No – context, freedom of expression and the concrete wording matter; sharp criticism is not automatically an offence.

Does the other side have to file a complaint? Yes – insult is generally prosecuted only upon a criminal complaint (Strafantrag) filed within three months.

Can the case be discontinued? Often yes – especially in mutual altercations or minor cases; sometimes a civil settlement resolves the matter.

What penalty do I face? Usually a fine via penalty order; imprisonment is reserved for serious or public cases.

Summons or accusation of Insult? 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 Insult 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.