Bundestag Approves Tougher Penalties for Terrorism and Espionage

The German Bundestag has approved several government bills aimed at strengthening international law enforcement and counterterrorism efforts. On Thursday evening, lawmakers voted by a majority to criminalize preparations for attacks carried out with “everyday objects,” such as a car or a knife.

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Additionally, returning to Germany with the intent to commit a terrorist offense will also become punishable in the future. Both measures require amendments to Section 89a of the Criminal Code, which covers the “preparation of a serious act of violent subversion.” The scope of criminal liability for terrorism financing under Section 89c is also set to be expanded to include more recent forms of support.

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The federal government also plans to intensify its actions against espionage. Penalties for “intelligence agent activity” will be increased, with Section 99 of the Criminal Code expected to carry a prison sentence of six months to ten years. Currently, violations are punishable by up to five years in prison or a fine.

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Furthermore, the “exercise of foreign influence and related agent activity” is set to become a criminal offense under a newly proposed Section 87a of the Criminal Code.

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Another bill will allow law enforcement authorities in EU member states, under certain conditions, to order the securing and cross-border release of specific personal data. Through these legislative proposals, the German government is implementing several EU directives into national law.

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“Authoritarian states are working deliberately against our democracy. They rely on agents and other willing helpers,” said Federal Justice Minister Stefanie Hubig (SPD). “Espionage, acts of sabotage, harassment of foreign opposition figures: the methods are insidious, and the threat is real.”

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She said it was therefore “right and necessary that we develop criminal law further and adapt it to the threat situation.” Hubig called it a clear signal: “Our democracy cannot be intimidated. We are confronting authoritarian forces and their accomplices with determination.”

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