Definition and Legal Significance of Acceptance of Honor
Die Acceptance of Honor is a term in German criminal law that plays an outstanding role, especially in connection with offenses against personal honor – particularly the criminal offense of insult. The acceptance of honor refers to the assumption that the victim of an offense against honor has actually recognized, understood, and felt the dishonorable nature of a statement as offensive. Thus, the acceptance of honor is an essential criterion for the criminal liability of offenses injurious to honor.
Historical Development of the Acceptance of Honor
The term ‘acceptance of honor’ has its roots in the 19th century, when social concepts of honor and the general sense of civil law played a central role in the assessment of criminal acts against personal honor. With the codification of the Imperial Penal Code of 1871, the acceptance of honor was developed as an unwritten element of an offense in judicial decisions and legal literature, particularly in the interpretation of Sections 185 ff. German Criminal Code (StGB) (Offenses against honor).
Significance of Acceptance of Honor in Criminal Law
Offenses against Honor (Sections 185 ff. StGB)
In German criminal law, the criminal liability of insults depends on whether there has actually been an infringement of personal honor. The acceptance of honor forms the prerequisite that the victim was able to understand or at least perceive the dishonor of the conduct. If this subjective component is missing, the offense is regularly ruled out.
Subjective Component
The acceptance of honor relates to the individual perspective of the person concerned: What matters is whether the victim even recognizes the injurious act as such. Relevant criteria are the victim’s educational background, social status, and personal sensitivity. Accordingly, for example, there is no insult if the victim is unable to understand a defamatory statement in a foreign language due to lack of language knowledge.
Relevance to the Elements of the Offense
The focus is on determining whether an attack on honor is even possible as an element of the offense. Insult expressly requires that the concept of personal honor is in fact affected. In situations where the victim cannot become aware of the injurious statement, either because the information is shielded or, due to lack of understanding, leaves no impression, acceptance of honor can be denied.
Distinctions and Areas of Application
Insult at the Request of Third Parties
Acceptance of honor also plays a central role in indirect infringements of honor. In cases of so-called “insult at the request of third parties”, for example, there may be doubt as to whether the victim actually becomes aware of the offense. If acceptance of honor is lacking, there is no criminal liability despite the objectively injurious content.
Distinction from Objective Elements of the Offense
Acceptance of honor is clearly to be distinguished from objective elements of an offense, such as in the case of defamation (§ 186 StGB) or slander (§ 187 StGB). While, for example, asserting a false statement to third parties is sufficient for these offenses, acceptance of honor by the victim is generally required for insult.
Acceptance of Honor in Civil Law
In civil law, especially in the context of violations of personality rights (§ 823 para. 1 BGB), acceptance of honor also plays a similar but factually less dominant role. What matters is to what extent the general personal rights of the person concerned are affected; the subjective perception may be relevant to the assessment of damages or the reasonableness of injunction claims.
Procedural Aspects
Burden of Proof and Evidentiary Requirements
In criminal proceedings, courts must also examine acceptance of honor as part of establishing the subjective elements of the offense and, if necessary, require evidence. The burden of presentation lies with the victim, but the actual assessment is the responsibility of the trial court.
Defense Strategies
Acceptance of honor can play a role in defending against accusations of insult, for example by demonstrating that the victim was unable to perceive the offense against honor or did not regard it as such.
Legal Literature and Case Law
Acceptance of honor is a frequently discussed aspect in legal literature and is at the center of numerous court decisions. The highest courts—particularly the Federal Court of Justice (BGH)—regularly clarify the requirements for proving acceptance of honor.
Conclusion
Die Acceptance of Honor is a key element of offenses against personal honor under German law. It serves as a protective mechanism against excessive criminalization and ensures that an infringement of personal honor is individually perceived by the victim. By requiring an individual assessment, it gains special dogmatic and practical importance for the prosecution and evaluation of honor-related offenses.
Note: The legal assessment of acceptance of honor may vary on a case-by-case basis. The statements in this article provide a comprehensive overview of the prevailing interpretations and application in case law and legal literature.
Frequently Asked Questions
What statutory regulations apply to acceptance of honor?
Under German law, acceptance of honor is mainly regulated by provisions of the Criminal Code, in particular Sections 331 ff. StGB. These provisions are primarily aimed at public officials, prohibiting them from accepting or demanding benefits in the performance of their duties unless a statutory exception applies. The acceptance of so-called “benefits”—which may also include honors and awards—is considered a criminal offense if it could objectively and subjectively create the impression of influencing official conduct or of being rewarded for past or future actions. Additionally, it should be noted that stricter internal service instructions and compliance regulations can apply in specialized professions, such as for professional judges or police officers. Federal civil service law and corresponding state laws also contain rules regarding the acceptance and reporting of honors and awards. Overall, the legal handling of acceptance of honor is governed by the principle of integrity and incorruptibility in the public service.
What are the consequences of unauthorized acceptance of honor?
The unlawful acceptance of an honor may result in criminal, disciplinary, and civil consequences. Depending on the severity of the offense and the position of the official, criminal sanctions can include fines or imprisonment. In the civil service and public sector, disciplinary actions such as warnings, demotions, or even dismissal from service may be applied. Civil claims for restitution may be asserted, especially if the honor or award is associated with material benefit. Furthermore, there may be reputational damage and potentially permanent exclusion from certain professions. The actual distinction or award may also be revoked if a breach of conduct standards is proven. Legally, the obligation to report to the employer or the relevant authority is particularly significant.
Is prior approval required for acceptance of honors?
For public officials, civil servants, and comparable groups, prior written approval from the employer is generally mandatory for the acceptance of honors, awards, or other benefits. This is legally regulated in the public sector to prevent corruption, lack of transparency, and conflicts of interest. Exceptions exist only for so-called “low-value” honors or for officially recognized awards for which the law expressly provides for approval. Violations of the obligation to obtain approval are sanctioned not only under disciplinary law but, where applicable, also criminally.
What role do internal guidelines and compliance requirements play in acceptance of honors?
In addition to statutory regulations, internal guidelines and compliance instructions play a central role. These contain additional regulations that specify or, where appropriate, tighten the statutory framework. Companies, public institutions, and associations usually have their own rules that clearly define procedures for reporting, documenting, and reviewing the acceptance of honors. Violations of these internal guidelines can result in employment-related consequences, regardless of any possible criminal liability under the Criminal Code. Compliance departments are tasked with monitoring adherence to these guidelines and conducting preventive training.
Are there differences between acceptance of honors in the public and private sectors?
Yes, there are significant differences. In the public sector—for example, for civil servants, judges, or soldiers—strict statutory provisions apply, including reporting and approval requirements, whereas in the private sector, employment contracts and company policies on gifts and awards are of primary relevance. While the law combating corruption (Section 299 StGB ff., “Bribery and Corruption in Commercial Practice”) does apply to the private sector, regulations on acceptance of honors are less uniform or binding. However, many companies have established their own compliance rules that restrict the acceptance of honors and gifts and require documentation.
How is the value threshold determined for acceptance of honors?
The assessment of whether an honor or award requires approval or must be reported often depends on its material or immaterial value. Statutory value limits are not always explicitly regulated, but are often set by administrative instructions, decrees, or internal service regulations. Items of merely symbolic value (e.g., flower bouquets, pens) are generally considered ‘low-value,’ while awards with high social or economic value must always be approved and reported. In case of doubt, the responsible supervisory authority should always be consulted.
What are the reporting obligations in connection with the acceptance of honors?
Public officials and persons in public service are required to promptly report in writing any offered or accepted honor to the employer or the competent authority, unless an explicit exception is provided. The report must contain all relevant information, in particular the type, value, and occasion of the honor. Failure to submit this report can result in both criminal and disciplinary consequences. In private companies, the reporting obligation is usually established as part of compliance requirements and often mandates forwarding the matter to supervisors or compliance departments, with the nature and scope of the report being set by internal company policies.
