Berlin. Attacks on bus drivers, train attendants and employees of other institutions serving the public good should be punished more harshly in the future. This is provided for in a draft law passed by the cabinet.
“Those who keep our country running deserve our protection,” emphasizes Federal Justice Minister Stefanie Hubig (SPD). Attacks on police and fire departments, employees in local transport, in clinics and practices are increasing. That's why it's important to send the signal now that this violence will not go unanswered.
The Ministry of Justice presented a first draft for better protection for people whose work serves the common good at the end of 2025. The issue received additional attention in February when the case of a train conductor caused consternation across the country. The railway employee died after being physically attacked while checking tickets.
There are now five attacks a day on the railway, said Hubig on Deutschlandfunk. Where such attacks occur regularly, the state must protect people especially, including those in other professional groups.
Ultimately, it is also about protecting the functioning of the state: It is clear that these attacks are not just about attacking individuals, but “those who ensure that the state runs, that things move forward,” said Hubig.
“We simply see that overall we have a climate in society that is more inclined towards violence, not towards peaceful solutions, and which no longer treats each other with respect in many areas,” said the minister. A clear signal must be sent against this development, which can be observed both on the Internet and in real life.
In the future, railway employees, but also employees of other important infrastructure companies, such as electricity or water supply, should be better protected under criminal law. Anyone who attacks them should face the same punishments as if they attacked a law enforcement officer.
The draft drawn up by the Ministry of Justice also includes a higher minimum sentence for attacks on police officers as well as bailiffs, firefighters, paramedics and those providing assistance in disaster and civil defense. For physical attacks on law enforcement officers, the minimum sentence is to increase from three to six months in prison. In particularly serious cases, at least one year in prison is envisaged.
The draft provides for up to five years in prison or a fine for resisting law enforcement officers. Particularly severe cases are regulated separately. These include the use of weapons, joint action, serious danger to the victim and a sneaky attack. Then there is a risk of one to ten years in prison. Resistance to law enforcement officers is currently punishable by up to three years in prison or a fine. In particularly severe cases, up to five years is possible.
Physical attacks on healthcare professionals carry a prison sentence of at least six months, and in particularly serious cases one to ten years. Medical professionals include doctors, nursing staff and pharmacists. Previously, special penal provisions for medical staff only applied to work in the emergency medical service or in the emergency room.
When politicians are attacked, courts should expressly take into account when sentencing whether the act is likely to significantly impair an activity that serves the public good. This could be relevant, for example, if attacks or threats intimidate public officials or elected officials and make their work more difficult. Those responsible at local and European levels would be expressly included. Local councilors and mayors should also be protected from coercion through violence or the threat of violence.
If a public official is insulted while on duty or because of his or her service, his superior should also be able to file a criminal complaint. If the insult concerns an authority, it should be possible to take over its management or the management of the supervisory authority.
In the future, if a person is convicted of sedition, a court will be able to temporarily revoke the ability to hold public office and run for elections in addition to the prison sentence - provided the prison sentence imposed is at least one year. However, the withdrawal of the right to stand for election for a period of two to five years would be a discretionary decision by the court, not an automatic consequence of the judgment.
At this point, the draft law is somewhat more generous than an earlier version, which provided for these sanctions starting with a conviction of at least six months for sedition. Sedition is when someone publicly stirs up hatred against certain groups or calls for violence and arbitrariness against them, thereby endangering public peace.
The temporary withdrawal of the right to stand for election and the ban on holding public office are already automatic if someone is sentenced to at least one year in prison for a crime. If someone is sentenced to a prison sentence of at least six months for voter fraud or coercion, the court can now temporarily revoke voting rights in addition to the sentence.
In addition, if the Bundestag follows the draft law on this point, the punishment range for a conviction for sedition will be extended from up to three years to up to five years.
According to the cabinet proposal, criminal incitement does not have to refer to a group of people within the country. A disturbance of public peace is also conceivable in the case of statements that are ostensibly directed against a foreign group, for example if they are likely to trigger a willingness to use violence against people in Germany who are perceived as members of this group.
