German Cabinet approves law to restrict voting rights for incitement convictions

The German Federal Cabinet has approved a draft law that would strip individuals of their passive voting rights—the right to stand for election—if they are convicted of incitement to hatred (Volksverhetzung) under Section 130 of the Criminal Code. Under the proposed legislation, a sentence of at least one year of imprisonment, including suspended sentences, would result in a five-year ban from running for office in the Bundestag, state parliaments, district councils, and municipal councils.

Federal Justice Minister Stefanie Hubig (SPD) defended the measure, stating that individuals who have significantly distanced themselves from the values of the Basic Law through criminal acts should not serve as representatives of the constitutional order. The package also includes measures to increase protection for essential workers, such as police officers, doctors, and railway personnel.

The proposal has faced significant criticism from legal experts and political figures. The German Bar Association (DAV) expressed fundamental rule-of-law concerns, noting that a one-year sentence does not necessarily mean a crime has undermined the democratic order enough to justify losing political participation rights. Similarly, Saxon Justice Minister Constanze Geier (CDU) argued that criminal law should not function as a political instrument.