Why should attacks on elected officials be punished more harshly than attacks on ordinary party members and other volunteers?

Demonstration of solidarity with SPD politician Matthias Ecke, attacked by a group of right-wing thugs Photo: Reuters

In response to growing attacks on politicians, the Conference of Interior Ministers wants to consider a tightening of criminal law. Its members wonder whether the rules of the Penal Code are still sufficient to do justice to the “circumstances of such attacks that endanger democracy.”

It makes sense that home ministers would want to examine this first and not immediately call for it to be toughened. When you examine them, you will quickly discover that physical assault and coercion are already punishable crimes today. Therefore, there is no loophole in terms of criminal liability. That's not really surprising.

When it comes to sentencing, a motive that threatens democracy can and should be taken into account to make the punishment more severe. After all, the range of penalties in the criminal code is quite wide. Physical assault can be punished by a fine or a prison sentence of up to five years. It is definitely possible to apply appropriate punishments under current criminal law.

The internal policy of the CSU, Andrea Lindholz, suggests increasing the range of punishment for physical attacks on politicians. But that would be pure symbolism. After all, since 2021 the penalty range for insulting politicians has been increased. Did that impress the gangsters? Rather not.

The symbolism of special crimes can also be counterproductive if the new crime does not cover cases that should be treated equally in the public opinion. Why should attacks on elected officials be punished more harshly than attacks on ordinary party members who are attacked at the information booth or while putting up posters?

The Conference of Ministers of the Interior is consistent in this regard and supports a draft law of the Federal Council that provides for tougher penalties for attacks on any form of charitable work. Refugee helpers and soccer referees are also especially “protected” here. If there is symbolism, then for everyone.