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I see that political posters in Germany during election get destroyed all the time. For example, NPD posters are always teard down or on a ground. Merkel's picture is often with beard and mustache. People write something or tear down AFD posters. Etc

So, is this accepted political fight? Am I allowed to destroy political posters? If not, what is the punishment?

BЈовић
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    In the U.S. this is illegal and usually every election there's a story of it happening somewhere. Typically the cases that will net you a more likely conviction is a campaign sign on someone's front lawn, as it's destroying private property. There are cases where campaign operatives will be caught destroying their oppenant's signs and get in trouble. Normally it's the operative, and not the candidate, who is more embarrassed than anything. Some of the ones who truthfully had no idea will actually apologize to their opponent. – hszmv Nov 26 '19 at 16:31
  • Relevant news story on this (in German). – Wrzlprmft Nov 28 '19 at 08:03
  • @Wrzlprmft "Wer in Deutschland öffentlich ausgehängte Wahlplakate beschmiert, überklebt, zerreißt, von Laternenmasten herunterreißt, klaut oder sonst wie beschädigt und verunstaltet, macht sich strafbar: Vandalen drohen Geldstrafen oder bis zu zwei Jahre Haft wegen Sachbeschädigung. " -- that is actually the answer. wow that is little too harsh. and people still do it – BЈовић Nov 28 '19 at 09:14
  • @BЈовић: Feel free to post this as a self-answer. (I just posted the link; you worked it out.) – Wrzlprmft Nov 28 '19 at 09:19
  • to put those possible criminal charges in some closer context: this newspaper article https://www.welt.de/regionales/hamburg/article164383191/Frau-muss-empfindliche-Strafe-zahlen.html reports a 300 € fine + closing of the criminal proceedings for destruction of a political poster, this other newspaper article https://www.maz-online.de/Lokales/Ostprignitz-Ruppin/Rheinsberg/Amtsgericht-Neuruppin-verhaengt-Strafen-fuers-Anzuenden-von-Wahlplakaten cites 30 and 120 h of community service for burning a political poster plus a car (so that's in combinatin with arson). – cbeleites unhappy with SX Nov 28 '19 at 15:58

2 Answers2

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No, you are not allowed to destroy or deface other peaple's property (§ 303 StGB)

  • the attempt to do the same is also punishable

To whom it belongs to is irrelevant.

The Freedom of expression is restricted by Artical 5 (2):

So insulting someone because you disagree with their viewpoint also exceeds the Freedom of expression.

Section 303 - Criminal damage

(1) Whosoever unlawfully damages or destroys an object belonging to another shall be liable to imprisonment not exceeding two years or a fine.

(2) Whosoever unlawfully alters the appearance of an object belonging to another substantially and permanently shall incur the same penalty.

(3) The attempt shall be punishable

Article 5 [Freedom of expression, arts and sciences]

(1) Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.

(2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons and in the right to personal honour.

(3) Arts and sciences, research and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.

Section 185
Insult

An insult shall be punished with imprisonment not exceeding one year or a fine and, if the insult is committed by means of an assault, with imprisonment not exceeding two years or a fine.

Section 186
Defamation

Whosoever asserts or disseminates a fact related to another person which may defame him or negatively affect public opinion about him, shall, unless this fact can be proven to be true, be liable to imprisonment not exceeding one year or a fine and, if the offence was committed publicly or through the dissemination of written materials (section 11(3)), to imprisonment not exceeding two years or a fine.

Section 187
Intentional defamation

Whosoever intentionally and knowingly asserts or disseminates an untrue fact related to another person, which may defame him or negatively affect public opinion about him or endanger his creditworthiness shall be liable to imprisonment not exceeding two years or a fine, and, if the act was committed publicly, in a meeting or through dissemination of written materials (section 11(3)) to imprisonment not exceeding five years or a fine.

Section 188
Defamation of persons in the political arena

(1) If an offence of defamation (section 186) is committed publicly, in a meeting or through dissemination of written materials (section 11(3)) against a person involved in the popular political life based on the position of that person in public life, and if the offence may make his public activities substantially more difficult the penalty shall be imprisonment from three months to five years.

(2) An intentional defamation (section 187) under the same conditions shall entail imprisonment from six months to five years.

Sources:

Mark Johnson
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Allow me to paraphrase your question:

Is it allowed to destroy [something I don't own]?

I think the answer is now self-evident: no it isn't.

Dale M
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  • from a comment above, it is punishable even to put something on top of it, or draw something. up to 2 years in prison, plus a bill to pay. having said that, no idea how you got 70k reputation and still answer like this – BЈовић Nov 28 '19 at 09:16
  • It's definitely a mystery – Dale M Nov 28 '19 at 10:43
  • @BЈовић Destroying or defacing something has nothing to do with Freedom of expression. Knowing this basic piece of law may be the reason why one person has 70k reputation and another (after 3 years 7 months) only 113 reputation. – Mark Johnson Nov 29 '19 at 12:32