Concept and Significance of Public Peace
The concept of public peace refers in legal terms to the general interest of the public in an undisturbed, conflict-free, and orderly coexistence within a community or society. Public peace is a central legal asset in German criminal and regulatory law and encompasses all the rules and systems of values whose observance is essential for peaceful interaction within society. Violations of public peace are usually sanctioned by corresponding criminal provisions that protect both individual and collective interests.
Historical Development of the Legal Asset of Public Peace
The protection of public peace is deeply rooted in German and European legal history. As early as the Middle Ages, ‘Landfrieden’ (public order) was an essential component of public life. The concept developed continuously into modern criminal law, where public peace is structured as an overarching legal asset of particular significance.
Legal Classification in German Law
Public Peace as a Legal Asset in Criminal Law
In German criminal law, public peace is considered a so-called collective legal asset (‘legal interest of the public’), which receives comprehensive protection in the Special Part of the German Criminal Code (StGB). The core provisions include §§ 123 ff., but especially §§ 126, 129, 130, and 131 StGB. These cover various attacks on peaceful coexistence and the general public’s feeling of security.
Disturbances of Public Peace
The most important provisions for the protection of public peace are:
- § 126 StGB – Disturbance of Public Peace by Threatening to Commit Offenses: This includes public threats of criminal offenses intended to create fear and insecurity among the population.
- § 129 StGB – Formation of Criminal Organizations: This provision places the cooperation of several persons for the purpose of committing crimes under the protection of public peace.
- § 130 StGB – Incitement of the People: Offenses targeting the division of society and the denigration of segments of the population fall under this area of protection.
- § 131 StGB – Depiction of Violence: The public depiction of violence that is capable of affecting public order is also prohibited.
Additionally, a number of other provisions directly or indirectly relate to public peace (for example, breach of the peace under § 125 StGB, incitement to commit offenses under § 111 StGB).
Distinction: Public Peace and Individual Legal Rights
Unlike individual legal interests (life, property, honor), the legal asset of public peace does not protect individual persons, but rather the general public against collective dangers and disturbances. A disturbance is present as soon as the public sense of security is seriously shaken or peaceful coexistence is significantly impaired.
Public Peace in Regulatory Offense Law
Public peace is also protected under the Act on Regulatory Offenses (OWiG) and in various special statutory provisions, such as the Assembly Act. Violations may result in sanctions such as fines or other measures.
Scope of Protection of Public Peace
Objective Scope of Protection
The objective scope of protection covers all situations that endanger societal peace and the general feeling of security. Public peace can be disturbed by physical actions (e.g., acts of violence at demonstrations) as well as by verbal or written statements (calls for hatred or violence, threats to public security). Threats of criminal offenses or the dissemination of false information about imminent dangers also fall within this category.
Subjective Scope of Protection
The subjective scope of protection addresses offenders who knowingly or intentionally disturb public peace, for example through targeted disruptive actions, threats, or aggression towards segments of the population. The perpetrator’s intent to provoke fear or unrest within the public is of considerable importance when determining penalties.
Significance in Practice and Issues of Distinction
The practical relevance of public peace is especially evident in the prosecution of politically, ideologically, or religiously motivated offenses, at public events, assemblies and demonstrations, as well as mass phenomena such as panic or breach of the peace. Particular problems in drawing distinctions often arise when collective and individual legal interests coexist or when considering at what point the general feeling of security is truly affected.
European and International References
In addition to the German legal system, public peace is also recognized in supranational and international legal instruments, for example with regard to ensuring public order and security under the European Convention on Human Rights (ECHR) or within the framework of the European Union.
Literature and Case Law
The case law of German courts and legal literature have developed detailed standards and categories for interpreting the term public peace. In particular, the Federal Court of Justice (BGH) and the Federal Constitutional Court have made fundamental decisions regarding the distinction and scope of protection of this legal interest.
Summary and Significance of Public Peace
Public peace represents one of the fundamental legal assets of German criminal and regulatory law. It ensures a stable, conflict-free order for social coexistence and protects the community from collective disturbances and threats. Thanks to continuous adaptations in case law and legislation, the legal concept of public peace remains a central element for safeguarding the democratic constitutional order and internal peace.
Frequently Asked Questions
When is public peace considered disturbed or endangered under German law?
Public peace is a protected legal interest under German law, particularly safeguarded by §§ 126 and 130 of the German Criminal Code (StGB). Public peace is disturbed or endangered when actions occur that significantly affect the general sense of security or the public’s trust in the legal order. The decisive factor is not merely the individual need for tranquility or security of single persons, but peaceful coexistence within society as a whole. Typical cases include the dissemination of threats against the public, the emergence of a situation of public fear or unrest, or actions that severely undermine trust in the validity and effectiveness of the legal system. According to case law, the act must generally be of a nature, scope, and context to actually provoke such a disturbance or at least give this impression. It is sufficient if a hypothetical uninvolved third party could feel their sense of security impaired by the act.
Which criminal offenses protect public peace under German criminal law?
German criminal law protects public peace through several specific offenses. Most central among these are §§ 126 StGB (‘Disturbance of public peace by threatening to commit offenses’), 130 StGB (‘Incitement of the people’), but also 125 StGB (‘Breach of the peace’) and 111 StGB (‘Public incitement to commit offenses’). These provisions address different forms of assault, such as spreading threats against life, person, or property (§ 126), inciting hatred or violence against certain segments of the population (§ 130), or participating in violent riots (§ 125). In addition, the use of signs of unconstitutional organizations (§ 86a StGB), disparaging the state or its symbols (§§ 90 ff. StGB), and disturbances of religious or ideological beliefs can also constitute offenses with public peace as their primary concern.
How do disturbance and endangerment of public peace differ?
The distinction lies in the intensity and immediacy of the impact on the community. In the case of a disturbance of public peace, significant disquiet has already actually occurred; peaceful coexistence has been concretely affected. For endangerment, however, it suffices that a situation has been created in which public peace appears to be threatened by the action—that is, a serious risk to the public’s sense of security or trust in the legal order exists, even if it has not yet led to an actual disturbance. For many criminal offenses, the mere endangerment is sufficient, for example, if a public call to commit offenses creates a climate of insecurity even if the offense itself has not yet materialized.
Which legal persons or institutions can be perpetrators of a disturbance of public peace?
In principle, most criminal offenses protecting public peace are directed at natural persons. Under German criminal law, legal persons (such as associations, companies, or corporate bodies) are not themselves criminally liable. However, actions of organs or representatives undertaken in the name of legal persons (e.g., by managing directors or association board members) can establish liability for the acting individuals. In addition, sanctions under the Act on Regulatory Offenses (§ 30 OWiG) may apply if the offense was committed in the course of business, allowing fines to be imposed on the company. In certain cases, dissolution or prohibition of associations or organizations that continuously endanger public peace (§ 129 StGB, Vereinsgesetz) can also be ordered.
What defense options exist during investigations for violations of public peace?
Suspects in investigative proceedings may exercise their constitutionally guaranteed right to remain silent (right to refuse to testify) and to seek the assistance of a lawyer. Effective defense regularly begins by examining whether the elements of the specific offense are actually met: In particular, it should be checked whether a sufficient disturbance or endangerment of public peace is present or whether the particular act falls under an exception (e.g., pursuit of legitimate interests, freedom of expression under Art. 5 Basic Law). Procedural errors during the investigation (e.g., unlawful search) or the question of whether the act truly affected a significant number of people can also serve as points of attack for a successful defense. In some cases, the proceedings may be discontinued due to insignificance (§ 153 StPO).
Are there constitutional limits to the protection of public peace?
Yes, in particular, the protection of public peace often affects fundamental rights such as freedom of expression (Art. 5 GG), freedom of assembly (Art. 8 GG), or freedom of religion (Art. 4 GG). Criminal law provisions must therefore always be interpreted in light of proportionality and within the limits of these fundamental rights. The Federal Constitutional Court’s case law emphasizes that restrictions are only permissible if they are justified by a legitimate aim (such as the protection of public peace) and are appropriate and necessary in the individual case. Especially for offenses such as incitement of the people, public incitement to commit offenses, or the use of symbols, a careful balance must be struck between the state’s interest in protection and fundamental individual rights.
