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"Under an obscure paragraph of Germany’s criminal code, prosecution for insults against organs or representatives of foreign states requires both a notification

by bloat 10y ago

"Under an obscure paragraph of Germany’s criminal code, prosecution for insults against organs or representatives of foreign states requires both a notification from the offended party and an authorisation from the government." http://www.theguardian.com/world/2016/apr/15/angela-merkel-agrees-prosecution-comedian-erdogan-poem http://www.theguardian.com/world/2016/apr/15/angela-merkel-a...

arrrg 10y ago
I’ve read that the underlying assumption here is basically that since such insults potentially damage the relationship between Germany and the foreign state, Germany is an injured party and as such involved in the process. But it’s also just an ancient law …
- patall 10y ago
  and thats why they want to get rid of it
- elcapitan 10y ago
  There's probably also the case where insulting certain other countries heads of state is just totally fine with the government, so they can ok those cases. ;)
- wobbleblob 10y ago
  You refer to it as ancient, but I just looked it up, and it seems it was last updated in 2014 How ancient can these laws be? The BRD is not that old.
  - elcapitan 10y ago
    The core of the laws is much older than the BRD, they were not re-invented from scratch after the war, rather re-established, actually. The penal code goes back to 1871 for Germany as a whole and is based on the earlier Prussian penal code of 1851.
  - germanier 10y ago
    The law itself is the main penal code of Germany and it is of course changed quite often. That specific provision has been unchanged since at least 1953 (though there has been a second subsection added). The original version from 1871 already contained it but worded differently.
jobu 10y ago
That article contains a link with a better explanation of the law: http://www.theguardian.com/world/2016/apr/14/obscure-german-law-angela-merkel-recep-tayyip-erdogan http://www.theguardian.com/world/2016/apr/14/obscure-german-... Basically it's a holdover from the monarchy, and there are similar rules across much of europe for the same reason. It seems interesting that these laws hang on despite the massive changes to borders and governments in europe since the 1800's

by bloat 10y ago

arrrg 10y ago

I’ve read that the underlying assumption here is basically that since such insults potentially damage the relationship between Germany and the foreign state, Germany is an injured party and as such involved in the process. But it’s also just an ancient law …

patall 10y ago
and thats why they want to get rid of it
elcapitan 10y ago
There's probably also the case where insulting certain other countries heads of state is just totally fine with the government, so they can ok those cases. ;)
wobbleblob 10y ago
You refer to it as ancient, but I just looked it up, and it seems it was last updated in 2014 How ancient can these laws be? The BRD is not that old.
- elcapitan 10y ago
  The core of the laws is much older than the BRD, they were not re-invented from scratch after the war, rather re-established, actually. The penal code goes back to 1871 for Germany as a whole and is based on the earlier Prussian penal code of 1851.
- germanier 10y ago
  The law itself is the main penal code of Germany and it is of course changed quite often. That specific provision has been unchanged since at least 1953 (though there has been a second subsection added). The original version from 1871 already contained it but worded differently.

jobu 10y ago

That article contains a link with a better explanation of the law: http://www.theguardian.com/world/2016/apr/14/obscure-german-law-angela-merkel-recep-tayyip-erdogan http://www.theguardian.com/world/2016/apr/14/obscure-german-... Basically it's a holdover from the monarchy, and there are similar rules across much of europe for the same reason. It seems interesting that these laws hang on despite the massive changes to borders and governments in europe since the 1800's