Everything you need to know about the penalty for racist insult (Beleidigung § 185 StGB) and fines in Germany
Racist insults are among the most serious forms of insult in Germany because they do not only violate the dignity of an individual, but also attack core societal values such as equality and respect. For this reason, German law takes a particularly strict stance against insults based on origin, skin colour, religion or ethnic background.
What is an “insult” under § 185 StGB?
According to § 185 of the German Criminal Code (StGB), an insult is defined as:
“any intentional and unlawful expression of contempt or disrespect towards another person – whether verbally, physically or through gestures – that violates that person’s honour.”
This includes for example:
abusive or degrading expressions,
insulting gestures,
actions that humiliate a person (e.g. spitting on someone).
When is an insult considered “racist”?
An insult is classified as racist when it is directed against a person or a group because of:
ethnic or national origin,
skin colour or physical appearance,
religion or cultural affiliation.
Examples:
using derogatory slurs linked to someone’s foreign background, skin colour or country of origin;
humiliating mockery of a person’s religion or religious symbols in a clearly degrading way.
What penalties apply under § 185 StGB?
As a basic rule, § 185 StGB provides for:
a fine or imprisonment for up to 1 year in cases of simple insult.
imprisonment of up to 2 years or a fine if the insult is combined with a physical attack (e.g. pushing, hitting, spitting).
Aggravation in cases of racist insult
If the insult clearly has a racist motive, courts usually treat this as an aggravating factor. In practice, this can mean:
a higher number of daily rates for the fine,
a greater likelihood that a custodial sentence (possibly suspended on probation) will be imposed.
How is the fine calculated? (Tagessätze – daily rates)
In Germany, fines are calculated using the daily rate system (Tagessätze):
The court first sets the number of daily rates (e.g. 30, 60, 90), depending on the seriousness of the offence.
It then determines the amount of each daily rate based on the offender’s net daily income (e.g. 20 €, 30 €, 50 € per day).
Example:
60 daily rates × 30 € = 1,800 € fine.
The higher the income and the more serious the insult (especially if racist), the higher the final amount.
What should you do if you are a victim of racist insult?
Report to the police
In urgent or dangerous situations: call emergency number 110.
Otherwise: go to the nearest police station and file a criminal complaint for (racist) insult.
Collect evidence
Note down time, place, exact wording and a description of the offender.
Save messages, voice notes, emails or videos if available.
Ask witnesses for their names and contact details.
Seek legal advice
Contact a lawyer specializing in criminal law or anti-discrimination law.
Use the services of the Federal Anti-Discrimination Agency or local counselling centres – many offer free initial advice.
Can you claim compensation for pain and suffering?
Yes. In addition to criminal proceedings, the victim can make civil law claims, in particular:
compensation for pain and suffering (Schmerzensgeld), especially if psychological harm or severe emotional distress can be demonstrated;
claims for injunctive relief (so that the offender is prohibited from repeating the insult).
Here, professional legal assistance is strongly recommended.
Important tips for victims
Do not downplay a racist insult – it is punishable by law, and reporting it helps protect you and others.
Avoid physical confrontation; focus instead on your safety, evidence and filing a complaint.
If the incident affects you deeply, do not hesitate to seek psychological or counselling support.
Conclusion
Racist insult is a serious criminal offence in Germany. It can lead to substantial fines and, in some cases, imprisonment. If you have been targeted, the law is on your side: by reporting, documenting and seeking help, you not only stand up for your own dignity but also help ensure that racist behaviour does not go unpunished.
Key German terms
Beleidigung – insult
§ 185 StGB – Section 185 of the Criminal Code
Tagessatz – daily rate used to calculate the fine
Schmerzensgeld – compensation for pain and suffering
Antidiskriminierungsstelle des Bundes – Federal Anti-Discrimination Agency
