Lèse-majesté

Lese majeste (Latin crimen laesae maiestatis ) is in a monarchy, the intentional insult or assault perpetrated against a reigning monarch. It is a violation of the, in constitutional monarchies constitutionally enshrined, " inviolability " of the holder of state sovereignty.

In a broader sense can be seen including the modern insult a head of state. If the denigration of the Federal President is 90 StGB about in Germany according to §, so the model is to be found in the medieval and early modern lese majeste.

Historical Overview

Like the ancient world, so also the Middle Ages under the lese majeste punishment they called crimen laesae maiestatis. 1199 was the crime of heresy by Pope Innocent III. in senium the crime of lese-majeste equated Vergentis edict, whereby the term summed lese majeste as an offense against God in the church right foot. In the later written Bambergensis of 1507 the crime of lese-majeste ( secular law ) is dealt with in Article 132:

In the era of absolutism, as the ruling by divine right monarch was the symbol of the state itself was the lese majeste, which then equal was the disqualification of the given by the law and God order, a crime against the state, which corresponded to today's high treason and often punishable by death been.

In the German Empire was under the Criminal Code of 1871, the deed with life imprisonment or life imprisonment imprisonment, prison or punished in less serious cases with temporal stronghold penalty under five years, the simple offense with imprisonment from two months to five years or with imprisonment up to five years. Only under Kaiser Wilhelm II lèse-majesté was de facto abolished.

Certain § 95 Section 1 of the Reich Penal Code:

"Who during his stay in a federal state offended the Emperor, his sovereign or his sovereign, shall be punished with imprisonment from two months or with imprisonment up to five years. "

Even today there are monarchies in particular offenses because of insulting the monarch. However, the corresponding penalties are very different. In the Netherlands, for example, a criminal case was opened only in very serious cases, and the punishment is generally only a fine. In Thailand, however, harsh penalties are quite common (see note below links).

Lese majesty and censorship

A high treason may be made by insulting or disparaging writings, images or allegorical allusions, such as novels, operas and plays. In the story, hence the persecution of majeste was often the justification for the need for censorship.

A fortress -stick experienced Majesty, expressed poetically about the difficulty to avoid them: Frank Wedekind:

Such offenses in republics

In republics, the insult to the respective head of state has taken the place of the lese-majeste, which usually represents a qualified form of the traditional insult.

Federal Republic of Germany

In the Federal Republic of Germany, the denigration of the Federal President ( § 90 StGB) is punishable. In order for this offense can be traced, the Federal President must authorize the law enforcement authorities for prosecution. The insult foreign heads of state or diplomatic representative is charged separately punishable. As a precondition that the Federal Republic of Germany established diplomatic relations with the country concerned maintains that legislation meets there on reciprocity and that the foreign government has provided law enforcement application to the federal government ( § 103 in connection with § 104a StGB).

Austria

In Austria insulting the President is in accordance with the criminal offense. § 115 of the Penal Code ( insulting ) punished in connection with § 117 of the Criminal Code ( justification for prosecution ). While the conventional offense shall be prosecuted only by private accusation by the injured person in his honor, carried the punishment of insulting the President ex officio. The President, however, has to authorize the persecution. The threat of punishment is a maximum of three months ' imprisonment.

Switzerland

Switzerland has only insulting a foreign head of state or diplomats (Article 296/297 of the Criminal Code ) as a special offense (as of 1980).