German Criminal Legislation in the Religions Sphere: History and Contemporary Discussions

Abstract

Discussions about criminal law in the religious sphere have become relevant in Europe. This article presents the main milestones in the development of German criminal law in the field of “religious crimes” (insulting religious feelings, obstructing worship, desecration of religious objects, etc.) in the context of church-state relations during different historical periods - the Middle Ages, Reformation, Enlightenment, Kulturkampf National-Socialism, and post-war. Current German criminal law is analyzed, and the most resonant cases of law enforcement practice of the last decade are described. The paper then analyzes various models that justify the existence in a secular state of criminal penalties for religious crimes; yet it shows the lack of consensus on this matter - and evidence of a continuing public discussion.