The most important facts at a glance
- If you are summoned as a defendant for insulting behavior, it is advisable to make use of your right to remain silent and not to appear for questioning without the assistance of a lawyer.
- An insult under Section 185 StGB can be punished with a prison sentence of up to two years or a fine - however, early legal representation can often result in the proceedings being dropped.
- The law firm SITTIG LAW offers specialized defense for defamation offenses with proven success in out-of-court settlements of defamation proceedings.
You have received mail - and not a pleasant one at that. You have received a summons for questioning as a defendant for insulting behavior. You are probably surprised, unsettled and asking yourself: „What have I done wrong? What do I face now? How should I behave?“ These questions are completely normal and justified. For most people, being summoned as a defendant for an offense is a stressful situation that can cause stress and anxiety about the future. With our nationwide criminal defense we are at your side in this difficult situation.
In this article, you will learn what constitutes an insult under criminal law, what the consequences can be and - most importantly - how you should behave correctly in order to protect your rights and have the best possible chance of a favorable outcome to the proceedings.
What is an insult in the criminal sense?
The offense of insult can be found in § 185 StGB. This offense protects against any attack on the honour of another person. Honor is not understood to mean personal dignity, but rather the „good reputation“ and thus the person's standing in society.
§ Section 185 StGB thus presupposes an unlawful attack on the honor of another person through deliberate manifestation of disrespect. An insult can take various forms:
- Literally: Through the spoken word
- In writingIn letters, e-mails or text messages
- Figurative: Through gestures or images
- Through coherent actions: Such as showing the middle finger
An insult can be made both directly to the person concerned and via the person concerned to third parties. This can take the form of a value judgment or factual allegations.
What is not considered an insult?
Not every impolite or distancing remark already constitutes an insult. General rudeness without a derogatory character does not generally fall under the offense of § 185 StGB. Even distancing that does not involve any specific disparagement is not relevant under criminal law. Violations of personality without a derogatory character may give rise to claims under civil law, but are not to be regarded as insults under criminal law.
Surprisingly, what can already be an insult?
On the other hand, some actions that appear harmless at first glance may already constitute an insult within the meaning of Section 185 StGB. Addressing strangers as „Duzen“ can already be an insult if it expresses social degradation, for example in formal situations towards public officials. Gestures such as "flipping someone the bird" are regularly classified as an insult by case law. In the digital sphere, certain emojis or image montages in social media can also constitute an offense if they convey a clearly derogatory statement.
Especially in the context of digital communication - be it in social networks, messengers or forums - spontaneous reactions written in the heat of the moment can quickly become criminally relevant.
The summons as a defendant - what does it mean?
For many people, criminal proceedings begin when they receive a summons to appear for questioning. This official letter usually comes from the police or the public prosecutor's office and asks you to appear on a certain date to make a statement about the accusation.
Important to know: A police summons is not mandatory. As a defendant in criminal proceedings, you have the right to remain silent. You do not have to appear for questioning or provide information about the case.
The situation is different if you are summoned by the public prosecutor's office or the court - in this case you may be obliged to appear, but your right to remain silent remains unaffected.
What should you do if you receive a summons for insulting behavior?
1. keep calm
As unsettling as a summons may be - keep calm. Hasty reactions such as spontaneous justifications or making contact with the person making the complaint can make your situation worse.2. make use of your right to remain silent
If you are accused of an offense, you should make use of your right to remain silent and refrain from acting independently in order to avoid unconsciously incriminating yourself. You should not comply with the summons to question the accused without the assistance of a lawyer.3. contact a specialist lawyer for criminal law immediately
It is advisable to contact a criminal lawyer specializing in defamation offenses as soon as possible. An experienced defense lawyer can:- inform you about your rights
- Requesting access to the file
- Determining the exact allegation
- Develop a defense strategy tailored to your case
- Communicating with the law enforcement authorities
- Work towards an early termination of the proceedings
4. no communication with the complainant
Do not make direct contact with the person who reported you. Well-intentioned apologies or attempts at explanation can be interpreted as an admission of guilt and used against you later.5. secure evidence
If the alleged insult took place in a specific context (e.g. in a chat, an email correspondence or a social network), secure the entire communication history, not just the incriminated excerpt. The context can be decisive for your defense.How do criminal proceedings for insulting behavior work?
After you have mandated a specialist lawyer for criminal law, the following steps will be taken:
1. inspection of files
Your defense lawyer will first request access to the files. This will provide clarity about the exact accusation and the evidence available so far. Through this inspection, you will find out which specific accusations have been made against you and on what basis.
2. development of a defense strategy
Your lawyer will develop an individual, promising defense strategy on the basis of the file inspection. In the case of insulting accusations, your lawyer will first check whether the accused statement even meets the criteria of Section 185 of the German Criminal Code or whether it was possibly covered by the fundamental right to freedom of expression (Article 5 of the German Constitution). In addition, it is examined whether the statement was made to protect legitimate interests (Section 193 StGB) or whether the alleged insult was preceded by a provocation that could have a mitigating effect. Another important aspect is the evidence - in particular whether it is a case of testimony against testimony, in which the presumption of innocence applies without further evidence.
3. written statement or refusal to testify
Your lawyer will decide whether a written statement should be submitted or whether silence is the better strategy. This decision depends on the circumstances of the individual case.
4. setting options
In the case of insulting offenses, there are various ways to end proceedings at an early stage. The public prosecutor's office can discontinue the proceedings due to a lack of sufficient suspicion in accordance with Section 170 (2) of the Code of Criminal Procedure if there is insufficient evidence for an indictment. In the case of minor guilt, the case may be discontinued due to insignificance in accordance with Section 153 of the Code of Criminal Procedure. The case is often also discontinued subject to conditions in accordance with Section 153a of the Code of Criminal Procedure, for example payment of a fine. Particularly in the case of offenses involving insults, the case can also be dropped after a successful victim-offender mediation in which an agreement is reached with the injured party.
5. main hearing
If you are actually charged and brought to trial, your lawyer will represent you in court and work towards an acquittal or a sentence that is as lenient as possible.
What are the penalties for a conviction for insulting behavior?
The law threatens an insult in the Criminal Code with a prison sentence of up to two years or a fine. In practice, however, fines are usually imposed for first-time offenses that are not particularly serious.
The amount of the penalty depends on various factors:
- Seriousness of the offense
- Context and public impact
- Previous convictions of the perpetrator
- Confession and remorse
- Personal and economic circumstances
A particularly important factor is whether the insult took place in public, for example on social media. Public insults are generally punished more severely than those in private.
Consequences of a conviction
In addition to the actual penalty, there may be further consequences:
- Entry in the certificate of good conduct: From a certain amount of the fine, an entry is made in the criminal record (from 91 daily rates)
- Professional consequences: Particularly in certain professional groups (civil servants, doctors, lawyers) there may be consequences under professional law
- Civil law claimsThe offended party can also claim damages for pain and suffering
Insults on social media - a growing problem
A steadily growing proportion of insult proceedings relate to comments made on social media. The supposed anonymity and emotional distance from the other person often lead to disinhibition and hasty reactions. Insults on social media often have a wide reach and are therefore frequently classified as more serious by courts because they take place in a public space and can potentially be perceived by many people. Screenshots and server logs play an important role in the preservation of evidence and can be used as evidence by the investigating authorities. Even when pseudonyms are used, there is no actual anonymity, as users can often be identified via their IP address. A particular challenge is posed by the legal demarcation issues relating to humorous posts, memes or emojis, where the courts often have to carefully examine the context and intention.
Why specialized legal assistance is crucial
Specialized legal representation can make all the difference in the event of a summons for insulting behaviour. Our experience shows that early intervention by a lawyer can in many cases result in the proceedings being dropped before charges are even brought.
The law firm SITTIG LAW specializes in criminal defense and has in-depth expertise in distinguishing between criminal statements and lawful freedom of expression.
Our services at a glance:
We offer comprehensive representation in all phases of the criminal proceedings and will inspect the files for you and thoroughly analyze the accusation. Our team develops individual defense strategies for each case and accompanies you to hearings if required. We draft precise pleas for discontinuation and represent your interests competently in court. A particular strength of our law firm is the successful mediation between the parties for out-of-court solutions.
Our way of working:
We attach particular importance to a realistic assessment of the prospects of success and transparent communication. Our clients appreciate our clear and comprehensible advice and the continuous information we provide on all stages of the proceedings.
How does the collaboration with SITTIG LAW begin?
In a meeting, we analyze the accusation on the basis of the summons and develop an initial strategy. Once we have been mandated, we will immediately request access to the files in order to obtain the full facts of the case. At the same time, we prepare you for a possible hearing and draft a written statement if required.
We continuously communicate the next steps and keep you up to date on all developments. Our clients particularly appreciate our good accessibility and clear communication.
Act correctly in the event of a summons for insulting behavior
A summons as a defendant for insulting behavior should be taken seriously, but is no reason to panic. With the right legal support, the legal steps can be taken in a structured manner and in many cases the proceedings can be discontinued.
The most important points summarized:
- Keep calm and do not make any rash statements
- Make use of your right to remain silent
- Contact a lawyer specializing in criminal law immediately
- Avoid any contact with the person who filed the complaint
- Secure all relevant evidence and communication histories
Don't let the accusation of libel become an unnecessary burden. With SITTIG LAW, you have an experienced partner at your side who will consistently represent your interests and work towards a quick and favorable solution.
Frequently asked questions
No, a police summons as a defendant is not mandatory and you have the right to remain silent.
In the case of a first offense without particular severity, fines are usually imposed, the amount of which depends on your financial circumstances. With the help of a lawyer, proceedings can often be discontinued.
Yes, with the help of a lawyer you can effectively defend yourself by inspecting the files, examining the evidence and presenting exculpatory evidence. In the event of unjustified charges, proceedings may be initiated for false accusations.
Insult (Section 185 StGB) is the expression of contempt, while defamation (Section 186 StGB) is the assertion of facts that cannot be proven to be true. Defamation (Section 187 StGB) is the deliberate dissemination of untrue facts that disparage or denigrate the person concerned.
The limitation period for insults is two years and begins on the date of the insulting statement.
Yes, even if you use a pseudonym, you can be identified via your IP address. The supposed anonymity on the Internet offers no protection against criminal prosecution.
An apology can help to de-escalate the situation, but should only be made after consulting a lawyer, as it can be interpreted as an admission of guilt. Your lawyer can suggest a legally unobjectionable formulation.
No, the offense of insult requires intent and that the perpetrator knowingly and intentionally disparages another person.
If the fine exceeds a certain amount, an entry is made in the criminal record, which can have professional consequences, especially for civil servants, doctors or lawyers. Early legal representation minimizes these risks considerably.
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