The Federal Ministry of Justice is moving forward with plans to strengthen Germany’s criminal law to combat terrorism and foreign espionage more effectively. According to a draft bill published on Wednesday, the proposed amendments would close significant legal gaps and provide law enforcement with sharper tools to address modern threats.
Under the proposed changes, planning attacks using dangerous tools, such as vehicles or knives, will become a punishable offense. Additionally, individuals re-entering Germany with the intention of committing a terrorist act will also face prosecution.
The bill proposes amendments to Section 89a of the German Criminal Code, which currently punishes the “preparation of a serious act of violence endangering the state.” The revision seeks to broaden the scope of punishable preparatory acts to better address evolving terrorist tactics.
The legislation also aims to expand Section 89c, which criminalizes terrorist financing. The update will cover newer, sophisticated forms of financial support for terrorism, ensuring German law aligns with European Union anti-terrorism guidelines.
Federal Justice Minister Hubig (SPD) emphasized the importance of adapting legal frameworks: “Terrorists, extremists, and authoritarian regimes are attacking our freedom. We are providing a clear response by further developing criminal law to address these new threats.”
The draft law also proposes tightening Section 99, which covers intelligence agent activity. This amendment would authorize covert investigative measures, including home wiretaps and online searches, to counter growing threats from foreign intelligence services. The Ministry highlighted that this step responds to the increasing risks posed by foreign powers, especially in light of Russia’s attack on Ukraine in February 2022.
The draft legislation has now been circulated to federal states and relevant associations for review. They have until mid-August to submit their feedback and recommendations.
By implementing these changes, Germany seeks to ensure that authorities are equipped to punish not only acts of terrorism and espionage but also their preparation and financing, reflecting the realities of hybrid warfare in today’s geopolitical climate.
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