Definition: Rights of honour, loss of civil rights of honour
The term “Rights of honour, loss of civil -” refers to the revocation of certain personal and societal rights as a consequence of a court conviction, significantly affecting the reputation and legal standing of the individual concerned. The loss of civil rights of honour is a criminal ancillary consequence and essentially concerns the right to hold public office, the right to vote and to stand for election, the right to act as a trainer or guardian, as well as other legal positions associated with honour and integrity.
Historical development
The loss of civil rights of honour is an institution that has existed in the criminal law of many European states since historical times. Its roots lie in the Middle Ages and Early Modern period, when personal honour was closely linked to societal rights and responsibilities. In Germany, this concept was codified mainly by the Reich Penal Code of 1871 and further developed since then.
Legal basis in Germany
Criminal Code (StGB)
Under German criminal law, the loss of civil rights of honour could formerly be imposed as an ancillary penalty for serious offences pursuant to section 33 of the old version of the Criminal Code (StGB a.F.). In the course of criminal law reforms and increasing differentiation of criminal sanctions, this regulation has been largely abandoned. Today, such a comprehensive loss of civil rights of honour in this form no longer exists; however, individual rights are still lost based on special statutory provisions.
Current regulations
Although the classic “loss of civil rights of honour” as a collective term is no longer expressly applied, the following close links remain in current law:
Loss of the right to vote and to stand for election
According to section 45 Criminal Code (StGB), the loss of the ability to hold public office, to acquire rights from public elections, or to vote is possible for certain offences. This measure is imposed especially in the case of particularly serious crimes against the state or the public. It is limited in time and may not exceed five years. The period begins when the judgment becomes final.
Exclusion from public offices and activities
A court may, by decision under section 70 Criminal Code (StGB), impose a ban on engaging in certain professions or honorary offices, such as teaching, training, acting as guardian or carer, or in a leadership position.
Special occupational ban
Pursuant to section 70 Criminal Code (StGB), the criminal court may impose a professional ban if a person has committed serious offences by abusing their profession. This applies especially to public service, but also to freelance professions and voluntary activities.
Types of loss of rights
The loss of civil rights of honour can affect various legal positions:
Public offices and rights
- Right to vote (active right): The right to participate in elections and to vote, in particular in parliamentary or local elections.
- Right to stand for election (passive right): The right to stand as a candidate for public office and be elected.
- Exercise of public office: The right to hold public office or to enter public service.
Private and voluntary activities
- Guardianship and caregiving: Loss results in the inability to be appointed as a guardian, carer, or custodian.
- Activities in associations or as a board member: Depending on association law, a person may be excluded from specific offices by court decision.
Related rights of honour
In addition to the actual loss of civil rights of honour, further measures may be taken, such as the revocation of titles, orders, or honours, provided that these depend on good conduct.
Requirements and procedures
Elements of the offence
The loss of civil rights of honour can generally only be imposed in the case of a conviction for certain, mostly serious, offences. The elements include in particular:
- High treason and treason against the state
- Electoral fraud
- Offences against the state and public order
- Criminal acts involving abuse of trust in an official or public capacity
Measure by judicial decision
The loss of civil rights of honour is not automatically imposed with a prison sentence. A judicial determination in the judgment is required. In each individual case, the criminal court examines whether the prerequisites for the loss of rights are met and whether it appears necessary to safeguard public order.
Duration and reinstatement
As a rule, the loss has a limited effect, usually between two and five years. After this period, the affected person may apply for reinstatement of the rights, provided the statutory requirements are met and no new convictions have become known.
Legal consequences
Implications for convicts
The loss of civil rights of honour has significant consequences for an individual’s social and legal position. Convicted persons lose the right to participate politically, to hold public office, and to exercise certain voluntary or caregiving functions.
Significance for personality protection
This measure serves to protect public confidence in state institutions and offices. At the same time, the individual’s personality rights are safeguarded by the limitation in time and the possibility of reinstatement.
International context
Comparable regulations exist in other countries, such as “civic death” in Anglo-American law or “déchéance des droits civiques” in French law. While the details differ, the loss of rights everywhere serves the aim of excluding persons with significant loss of trust from certain social functions.
Literature
- Criminal Code (StGB)
- Auftakt, K., Criminal Law, Outlines of Law, 9th edition
- Schönke/Schröder, Commentary on the Criminal Code
Conclusion
The loss of civil rights of honour is a classic instrument that brings with it serious legal consequences for fundamental rights of social participation. Although the comprehensive loss of rights has been curtailed in modern law, similar restricted legal consequences continue to exist and are intended to safeguard trust in public institutions and functions. Today’s regulations are narrowly limited, time-restricted, and subject to strict requirements to ensure protection of the convicted individual’s personal rights.
Frequently asked questions
When can there be a loss of civil rights of honour?
The loss of civil rights of honour under German law occurs particularly when a person has been sentenced by criminal judgment to a custodial sentence of at least one year for an intentionally committed felony and the court expressly orders the loss in its judgment (§ 45 StGB). This includes rights such as the right to vote, to hold public office, and the ability to act legally effective in certain proceedings. The order is usually based on the seriousness and nature of the offence, e.g. in high treason, treason against the state, or other serious offences where the individual’s personal unworthiness is considered grave. The exact duration of the loss is determined in the judgment, but may be lifted on application after certain periods and under certain conditions.
What are the consequences of losing civil rights of honour?
The loss of civil rights of honour has far-reaching legal consequences for the affected person. These include, in particular, exclusion from the right to vote or stand for election, the ban on holding or acquiring public office, and exclusion from exercising certain professions or honorary positions in public service. Additional restrictions, such as bans on participating in certain elections or the loss of titles and distinctions, may also apply. The loss can also affect rights under family and inheritance law, for example regarding testamentary capacity or guardianship.
How long does the loss of civil rights of honour last and can it be lifted?
The duration of the loss of civil rights of honour is set individually by the court in the judgment, with a maximum of five years (§ 45a StGB). The period is calculated from the finality of the judgment; for imprisonment, however, not before its enforcement or remission. Where certain conditions are met—for example, good behaviour or early rehabilitation—the competent court may, upon application, order the restoration of rights before the expiry of the period. This generally requires a careful assessment of all circumstances and a favourable social prognosis.
Which rights are considered civil rights of honour within the meaning of the Criminal Code?
Under German law, civil rights of honour include in particular the right to vote and stand for election, the right to hold public office, the right to appear as a witness in court, membership in corporations under public law, as well as the capacity to be an executor, guardian or adviser. The exercise of certain honorary duties or the ability to serve in public service are also included. The exact rights may vary depending on legal provisions and the specifics of the individual case.
What types of offences typically lead to the loss of rights of honour?
Typically, severe criminal offences, so-called felonies, in which the court recognises particular unworthiness, lead to the loss of civil rights of honour. These are often offences against the state (such as high treason, treason against the state), serious violent crimes (such as murder, grievous bodily harm), or particularly serious forms of corruption and official misconduct. Decisive is that there is a high degree of criminal energy and significant social disapproval.
Is the loss of rights of honour automatically associated with a conviction?
No, the loss of civil rights of honour does not automatically follow every criminal conviction. Rather, it requires an express judicial order in the judgment (§ 45 para. 1 StGB). When deciding, the court weighs whether the offence and the perpetrator’s personality justify such an intervention. Only if the requirements—i.e. the specific seriousness and nature of the offence—and the legal provisions are met will the loss be imposed in addition to the main sentence.
