German laws and regulations

The Bundesamt für Justiz publishes laws and regulations on the Gesetze im Internet website.
The main site is in German, but there are translations available, with the following notice: “Translations of these materials into languages other than German are intended solely as a convenience to the non-German-reading public. Any discrepancies or differences that may arise in translations of the official German versions of these materials are not binding and have no legal effect for compliance or enforcement purposes.”

Disclaimer

The information provided on this website is for general informational purposes only and is not intended to constitute legal advice. You should consult a qualified legal professional for advice specific to your situation. We make no representations or warranties regarding the accuracy, completeness, or suitability of the information provided. Use of this site is at your own risk.

Where to find information in English

For an English version of Germany’s Basic Law (Grundgesetz), you can visit the www.gesetze-im-internet.de website.
For the most current and comprehensive legal information, your go-to source should be the Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz).
Their website is also available in English, where it’s referred to as the Federal Ministry of Justice and Consumer Protection.

Federal States, districts and towns

The Federal states, districts or towns govern some laws and regulations.
For more information visit the official website of the Federal state, district or town

Some interesting laws you should be aware off

Insults

Germany has strict laws regarding insults and defamation, and it is important to understand these regulations to avoid legal trouble.

The penalty for insult is imprisonment for a term not exceeding one year or a fine and, if the insult is committed publicly, in a meeting, by disseminating content (Section 11 (3)) or by means of an assault, imprisonment for a term not exceeding two years or a fine."

Section 185 of the German Criminal Code (Strafgesetzbuch, StGB):

This means that publicly insulting someone—whether in person, online, or through printed materials—can lead to criminal penalties. The severity of the punishment depends on how the insult was made and whether it was done in a public setting.

Defamation and Related Offenses

Germany has additional laws covering defamation and slander:

Section 186 StGB (Defamation) – Making false statements that could damage someone’s reputation can lead to fines or imprisonment.
Section 187 StGB (Malicious Gossip) – Knowingly spreading false information to harm someone can result in even harsher penalties.
Section 188 StGB (Defamation of Public Figures) – Harsher penalties apply when insulting politicians or individuals in public office.

For more information and other related offences, see Division 14 Insult of the German Criminal Code (Strafgesetzbuch, StGB), and in German Abschnitt 14 Beleidigung

Practical Tips

Be mindful of how you express disagreements, especially in public or online.
Avoid making derogatory statements about individuals, whether verbally or in writing.
If involved in a dispute, seek legal advice before responding in a way that could be legally problematic.

Incitement

Section 111 of the German Penal Code (Strafgesetzbuch, StGB) addresses the crime of public incitement to commit unlawful acts. This provision is designed to maintain public order and prevent the encouragement of criminal behaviour.

Section 111(2): Consequences and Penalties

If the incitement leads to the unlawful act being committed, the person who incited the act can be punished as if they had committed the act themselves.
If the incitement does not lead to the unlawful act being committed, the punishment can still be significant but typically less severe than if the act had been carried out.
The penalty can include imprisonment or fines, depending on the nature of the incited act and the circumstances of the incitement.

We wanted to mention this to deter people from using forums like Facebook or other social media groups to advise others on how to bring Biltong to Germany or how to use VPNs to bypass German rules and regulations when streaming content not approved in Germany.

Unauthorized opening of letters or mail

Opening someone else’s sealed letter without their permission is explicitly a crime under German criminal law, § 202 of the Strafgesetzbuch (StGB):

Penalties: Offenders face up to one year in prison or a fine, and if done in a businesslike manner, penalties can be elevated to two years.
No Intent Needed: You don’t even have to read the letter—the mere act of opening suffices to trigger liability.
No Excuses: Even if the letter is in a foreign language or you meant no harm, opening it still counts as a violation
Exceptions: If the addressee explicitly authorises you to open their mail, you’re in the clear.

See Article 10 of the Basic Law of the Federal Republic of Germany, as well as § 202 StGB of the German Criminal Code

Apps

LX Gezetze for iPad
gesetze.io

Scams

A great website to search for current scams is Watchlist Internet, an Austrian website in German.

Another great resource to find information about the latest scams is the Swiss BACS (Bundesamt für Cybersicherheit) website. They have the information available in English

Europol

The European Union Agency for Law Enforcement Cooperation is the law enforcement agency of the European Union (EU) to handle criminal intelligence and combat serious international organised crime and terrorism through cooperation between competent authorities of EU member states.

Please take note of the notice by Europol regarding scam calls. Europol will never call you directly. There is also a link on their website where you can report such calls

Booking.com

The person receives messages from inside the Booking.com website/app, seemingly from the hotel they booked. The “hotel” informs them that their payment didn’t go through. The reasons can be that your credit card details are old or being declined. The scammer then says you must make a payment within 24 hours or lose your booking. They ask for your credit card details and if this is declined, they ask for an IBAN payment or direct transfer (in this case it was a bank in the UK) to confirm the booking. They send you an external e-mail with the banking details. Do not do anything without consulting the hotel directly (not via the chat in Booking.com) or phone Booking.com. To phone them you will need the booking confirmation and pin code related to your booking.
Be very vigilant, everything seems legit.
What might be happening is that the specific hotel has been hacked, so the scammers have access to the chat window in the Booking.com app or website, as well as all your booking details. If this does happen to you, and you made a payment, contact your bank immediately, and I would suggest blocking your credit cards as well. Also, open up a criminal case at the police station and contact Booking.com. Remember your credit card might offer you extra protection in such cases, try not to make direct transfers.

Reporting a crime

In an emergency please use the 110 number to call the police or the 112 number which is the national emergency number. See the links below for a complete list of emergency numbers.
For non-emergencies, call your local police office or visit them. Even petty crimes like scam calls or petty theft should be reported and will be taken seriously by the police.

Most federal states have an “Online-Wache” page where you can report a crime online.

Legalising Documents

Legalising Documents Living, working, or studying in Germany often requires the submission of official documents that must be recognised as legally valid by German authorities.Depending on the context, this may involve notarisation, legalisation, or the presentation of certified copies. On this page Document Authentication South Africa and Germany are both members of the Hague Apostille Convention, which greatly simplifies the process of legalising documents for use between the two countries. If you need to authenticate

Federal criminal police (Central office)	das Bundeskriminalamt (BKA)
Federal police force	die Bundespolizei
Every state also has a federal investigation bureau that help solve crimes on state level	das Landeskriminalamt (LKA)
Federal State Police	die Landespolizei. Each federal state has their own police force
Police force that handles public safety, general law enforcement and traffic enforcement	Schupo / die Schutzpolizei
Criminal investigation department	die Kriminalpolizei / Kripo
Traffic police	die Autobahnpolizei
Emergency number for the police	110

Downloading Music, Movies etc

Copyrights in Germany are governed by GEMA, a government-mandated collecting society and performance rights organization. GEMA: The Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, or in English, the society for musical performing and mechanical reproduction rights. Germany has stringent copyright laws.Do not violate copyright laws by illegally downloading a film, music, or other web content. Inform yourself about what is allowed and what the penalties are for not adhering to the rules.You can also be

Wills and Testaments

Wills and Testaments This page intends to serve as a reminder to make sure your paperwork is in order. It is important to know what laws will apply to you and your heirs or estate when you are deceased, and you were a South African citizen with permanent residence in Germany.Do you need a will or testament in Germany, or will your South African will suffice?Since we are not legal professionals, we cannot answer these questions

Emergencies – Assisting someone else

Emergencies – Assisting someone else In Germany, helping someone in an emergency is not just the right thing to do — it is a legal duty.According to Section §323c of the German Criminal Code (Strafgesetzbuch), you are obliged to provide assistance to a person in need, as long as it does not put you in serious danger yourself. If you cannot help directly, you must call for help: 112 – National emergency number (ambulance, fire brigade)

South Africans in Germany