Tightening of criminal law: hate speech can cost a mandate

Anyone convicted of sedition should no longer be able to stand for election in the future. This is what a bill to “protect the community” that the federal government introduced last week provides for. Convicted people should therefore be able to lose their right to vote in the future.

Anyone who has been sentenced to a prison sentence of at least one year for sedition will in future be able to lose “the ability to obtain rights from public elections” and “the ability to hold public office”. These people should no longer be allowed to become representatives, local councilors or civil servants.

The responsible criminal court should decide on this. The additional penalty applies for a maximum of five years. Whether and for how long the additional penalty is imposed in addition to the prison sentence is entirely at the discretion of the court; the draft law does not specify any criteria. The federal government justifies the new instrument with the threat of loss of trust and reputation for such offices.

Compared to the Ministry of Justice's draft bill from December 2025, there was one main change: the loss of the right to stand for election and access to civil servant status should only be possible after a sentence of at least one year in prison, not after six months.

The German Lawyers' Association (DAV) rejects the regulation and fears a "counterproductive symbolic effect that reinforces radicalization processes instead of counteracting them." The DAV also has “significant constitutional concerns”; The withdrawal of political participation rights represents a particularly serious interference.

A similar regulation was already provided for in the black-red coalition agreement - measures that are intended to limit the effects of AfD election successes are currently summarized as “strengthening the resilience of democracy”. If, for example, Thuringia's AfD parliamentary group leader Björn Höcke were convicted of sedition in the future, he could lose his state parliament mandate and possibly not run again in the next election.

In 2024, there were more than 1,773 convictions for sedition. The number of judgments has more than doubled since 2019. And it could rise further if a bill passed by the Federal Council is successful. Accordingly, denial of Israel's right to exist should also be punished as sedition in the future. Anyone who shouts “From the River to the Sea, Palestine will be free” at a demonstration could risk losing their right to stand for election and their access to civil service positions.

The draft law to protect the community also provides for further tightening of criminal law. Attacks on police officers, local politicians, doctors and train attendants should be punished more harshly in the future. The German Association of Judges speaks of “cosmetic changes” that were limited to sending political signals. Ultimately, the Bundestag must decide on the bill.