#BGBl. 2026 I Nr. 95Law Implementing EU Directive 2017/541 on Combating Terrorism and Adjusting the Penalty Framework for Intelligence Agent Activities

This German federal law, published in the Federal Law Gazette (BGBl. 2026 I Nr. 95) on April 1, 2026, and signed on March 20, 2026, transposes EU Directive 2017/541 on combating terrorism into German national law. The directive mandated that all EU member states establish minimum standards for the definition of criminal offenses related to terrorism, including public provocation, recruitment, training, travel for terrorist purposes, and financing of terrorism. The law amends the German Criminal Code (StGB) and a range of associated statutes — including laws on weapons, explosives, immigration, customs, court structure, and the Federal Criminal Police — to align German definitions and penalties with the EU framework. It ensures that preparatory terrorist acts, online incitement, and cross-border support for terrorist organizations are consistently criminalized. A second key component adjusts the sentencing framework for intelligence agent activity (geheimdienstliche Agententätigkeit under §99 StGB), modernizing penalty ranges to reflect the evolving threat landscape of state-sponsored espionage. This brings German law in line with EU-level proportionality requirements while addressing hybrid and foreign intelligence threats. The Federal Ministry of Justice and Consumer Protection led the drafting. The law touches a broad set of legal domains including criminal procedure, immigration, competition law, and constitutional statutes, reflecting the cross-cutting nature of counterterrorism legislation.

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