Public prosecutor's office investigated against Habeck: The suspected defamation revealed!

Public prosecutor's office investigated against Habeck: The suspected defamation revealed!

Dresden, Deutschland - The Dresden public prosecutor's office has initiated an investigation against former Vice Chancellor Robert Habeck (Greens). The initial suspicion relates to a possible defamation towards the chairman of the BSW, Sahra Wagenknecht. Wagenknecht himself filed a criminal complaint in Dresden on November 13, 2024, after Habeck at a campaign event of the Greens on August 30, 2024 in the Dresden Rundkino, the content of the BSW and it is said to have expressed inevitable facts. The defense of Habeck argues that it is a supplementary, permissible expression that took place in the context of a political debate.

The Saxon investigators have now asked the President of the German Bundestag, Julia Klöckner (CSU), to abolish Habeck's immunity. However, a decision of the Bundestag is still pending. This immunity, which is anchored in the Basic Law, protects political mandate from law enforcement. The Bundestag must agree to a cancellation in a clearly regulated procedure before the public prosecutor can continue to investigate. This was also described in an analysis of the legal situation on immunity in Germany.

background of the procedure

Habeck is protected against further investigation by immunity. The legal foundations for the ongoing procedure could include bad recruitment according to paragraph 186 and utterance offenses according to paragraph 188 of the Criminal Code. In the event of a conviction due to the default, a fine or imprisonment of up to two years threatens. Paragraph 188 also increases the sentence for expressive offenses against politicians, with the minimum penalty between three months and five years. However, it is still unclear whether this paragraph can also be used in the event of insults against groups.

Sahra Wagenknecht has announced that he would legally go against Habeck. Habeck had to sign an injunction in advance when he expressed that it was "disgusting" to be paid for opinions, an claim that he had drawn up as part of the Saxon state election campaign.

immunity and their meaning

immunity is regulated in Germany in the Basic Law and protects MPs from politically motivated advertisements. Immunity applies to all members of the Bundestag during their mandate; However, the cancellation in a regulated procedure by the Bundestag is required. The public prosecutor must inform the President of the Bundestag and the affected MPs. An important exception is the indomination, which protects the voting behavior and statements in parliament, but does not apply to defamatory insults.

While the legal steps against Habeck are now being discussed at the political level, it remains to be seen how the situation will develop, especially with regard to the desired abolition of immunity.

For detailed reporting on the ongoing investigation, please read the articles on sächsische.de , Apollo news and Tagesschau .