German court penalizes tweet calling CDU's Amthor a 'racist asshole' under controversial law

A penalty order has been issued for a tweet calling CDU politician Philipp Amthor a 'racist asshole' four years ago. The case was pursued under Section 188 of the German Criminal Code, which allows for harsher penalties and ex officio prosecution. If no objection is filed within two weeks, the conviction will become final, leading to fines and a criminal record entry. The incident began with a tweet that initially drew no reaction. Later, the same account holder called AfD politician Anna Leisten a 'Nazi', prompting legal action. The state prosecutor in Koblenz then issued a penalty order for 90 daily fines, arguing the original tweet had 'significantly hindered' Amthor’s public work.

The case was resolved without a judge, using a penalty order—a quicker but less transparent process. The defendant, who has a background in local government and legal knowledge, managed to navigate the system but noted that ordinary citizens might struggle without similar resources. Criticism of Section 188 has grown, with the UN Special Rapporteur on freedom of opinion warning it could fuel hatred against politicians if unreformed. The defendant has also called for its abolition, citing flaws that create a two-tiered justice system.

The conviction will stand unless challenged within two weeks. If finalised, it will result in financial penalties and a permanent mark on the defendant’s criminal record. The case highlights ongoing debates about free speech, legal fairness, and the treatment of public figures under German law.