Archive/File: documents/German/Weimar_Criminal_Code Last-Modified: 1998/09/04 1. Incitement to Class Struggle (Paragraph 130, Criminal Code) Whoever publicly incites different classes of the population to violent actions against one another in a way that jeopardises the public peace will be punished with a fine of 600 marks or with a prison term of up to two years. 2. Religious Insult (Paragraph 166, Criminal Code): Whoever blasphemes God in that lie causes annoyance in public by expressions of abuse, or whoever publicly insults one of the Christian churches or another existing religious society with rights of corporation in the federal jurisdiction, its institutions, or customs; likewise whoever commits insulting mischief in a church or in another specific place that is specified for religious gatherings, will be punished with a prison term of up to three years. 3. Insult (Paragraphs 185-187, 189, 190, 192-196, Criminal Code): (186) Whoever asserts or spreads a fact in relation to another person that serves to make the other contemptible or demeaned in the public view will, if this fact is not demonstrably true, be punished with a fine or with arrest or with prison up to one year, and, if this insult is done publicly, or through the .spread of literature, pictures, or representations, with a Vine or prison term of up to two years. (187) Whoever against his better knowledge asserts or spread,.,; a fact in relation to another person that makes him contemptible in the public view or that serves to threaten his credit will be punished with prison for a term of up to two years on account of defamatory insult, or if the defamation is done publicly or through the spreading of literature, pictures, or representations, with prison for not under one month. If extenuating circumstances are present, the penalty can be reduced to one day in prison or a fine. (189) Whoever insults the memory of a deceased individual in that lie asserts or spreads an untrue fact, which would have served to make the deceased contemptible or demeaned in the public view in his lifetime, will be punished with imprisonment of up to six months. If extenuating circumstances are present, this can be reduced to a fine. Prosecution occurs only upon request of the parents, the children, or the spouse of the deceased. (193) Rebukeful judgments of scientific, artistic, or occupational performance, as well as utterances that are made for the execution or defense of rights or for the protection of legitimate interests, as well as reproaches and reprimands of superiors against their subordinates, employment reports, or judgments on the part of a civil servant and similar cases are only, punishable when the presence of an insult arises from the form of the expression or from the circumstances under which it occurred. Work Cited Levitt, Cyril. , "What Are the Lessons for the Modern Democracies" in "Under the Shadow of Weimar: Democracy, Law, and Racial Incitement in Six Countries," Louis Greenspan and Cyril Levitt, Eds. Westport, CT: Praeger Publishers, 1993, pg. 16-17
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