Germany Proposes Adjustments to Criminal Law to Counter Terrorism and Foreign Espionage

Strategic Insights -

Germany's Federal Ministry of Justice (BMJ) has published a draft law to address threats from terrorism and foreign espionage, proposing adjustments to criminal law to better address these issues. The draft law aims to implement European anti-terrorism guidelines into German law, strengthen the criminal offense of intelligence agent activity, and provide more comprehensive penalties for the preparation of terrorist attacks. Federal Minister of Justice and Consumer Protection Dr. Stefanie Hubig emphasizes the importance of strengthening democracy and providing security for the people of Germany through clear rules and consistent law enforcement.

Key Takeaways:

  • The draft law proposes to amend Section 89a of the German Criminal Code (StGB) to include cases where a terrorist attack is prepared using a dangerous tool, such as a vehicle or a knife.
  • The amendment aims to criminalize re-entry into Germany with the intention of committing a terrorist offense, targeting individuals who travel abroad for terrorist purposes (foreign terrorist fighters).
  • The criminalization of terrorist financing under Section 89c of the German Criminal Code (StGB) will be expanded to include newer forms to deprive highly organized terrorist activities of their breeding ground.
  • The criminal offense of intelligence agent activity (Section 99 of the Criminal Code - StGB) will be tightened in response to the increasing threat posed by foreign intelligence services, especially since the Russian attack on Ukraine in February 2022.
  • The draft law proposes to enable certain covert investigative measures, such as online searches or acoustic residential surveillance, to prosecute members of foreign intelligence services.
  • The draft law was sent to the states and associations and published on the website of the Federal Ministry of Justice and Consumer Protection, with interested parties having until August 15, 2025, to comment.

Statistics:

  • The Federal Ministry of Justice and Consumer Protection emphasizes the need to strengthen democracy and provide security for the people of Germany through clear rules and consistent law enforcement.
  • The draft law aims to implement European anti-terrorism guidelines into German law, which requires the implementation of stricter penalties for terrorist offenses.
  • The proposal to amend Section 89a of the German Criminal Code (StGB) includes the potential for up to 10 years in prison for individuals caught preparing terrorist attacks using everyday objects.
  • The amendment to criminalize re-entry into Germany with the intention of committing a terrorist offense targets individuals who travel abroad for terrorist purposes (foreign terrorist fighters).
  • The proposed expansion of the criminalization of terrorist financing under Section 89c of the German Criminal Code (StGB) aims to target highly organized terrorist activities.

Sources:

  • https://www.bmjv.de/DE/Startseite/Startseite_node.html (original German text)