Try it for yourself
096Remembrance and criminal law

Holocaust denial can be punished with imprisonment or a fine.

The catalogue answer gives the penalty range in section 130(3) of the Criminal Code. The statutory conditions and the specific context determine its legal application.

About 4 min readReviewed: 19 October 2026
A white flower lies beside a closed, unmarked book in a quiet reading room.
Criminal CodeSection 130(3)
Fictional remembrance illustration; no historical photograph or depiction of victims.
The short answer

With imprisonment of up to five years or a fine.

Section 130(3) covers, among other conduct, Holocaust denial in public or at a gathering when it is capable of disturbing public peace. The stated range does not mean an automatic five-year sentence.

Try it for yourselfExam question · No. 096
How can someone who denies the Holocaust be punished?

Choose one answer. Your result stays on this page only.

Distinguish the historical fact from the legal consequence.

The Holocaust was the systematic genocide of six million Jewish people by Nazi Germany and its allies and collaborators. The United States Holocaust Memorial Museum explains the extensive documentation supporting this historical knowledge.

The test does not ask whether this genocide occurred. It asks what punishment denying it can carry under German law. The relevant offence is Volksverhetzung, commonly translated as incitement to hatred; the provision is section 130 of the Criminal Code.

A history educator with a shaved head and a learner with short grey curls talk in a reading room.
Fictional present-day educational scene; the books do not depict historical evidence.

The other three answers

The correct answer names the criminal penalty, not an automatic administrative benefit reduction.

Reduction of social benefits

A reduction of social benefits is not the penalty range established in section 130(3).

up to 100 hours of community service

A fixed maximum of 100 hours of community service is not the penalty specified in the provision asked about here.

not at all, Holocaust denial is allowed

The blanket claim that Holocaust denial is permitted is false. The Criminal Code penalises the described conduct when the statutory conditions are met.

Quoting a statement is not the same as endorsing denial.

Section 130 distinguishes different conduct and contexts. For the provision explained here, public expression or a gathering and suitability to disturb public peace are particularly relevant; the shortened test sentence does not replace that assessment.

The law also recognises protected contexts such as civic education, scholarship and reporting through section 130(8) in conjunction with section 86(4). Historical education is therefore not equivalent to propagandistic denial of the crimes.

Section 130(3) · Criminal Code ↗
Your memory cue

Section 130: up to five years or a fine.

“Can” and “up to” describe a penalty range; the statutory conditions still matter.

Three words for this question

leugnento deny
To present an established fact as something that did not happen.
die Freiheitsstrafeprison sentence
A criminal penalty involving deprivation of liberty.
der Strafrahmenpenalty range
The legally prescribed range of punishment for an offence.
Strafgesetzbuch · § 130 ↗
Put understanding into practice

One question understood. Ready for the next?

Practise all 310 questions for your state in our four free modes. No account needed. No advertising.

Optional: Plus for history, statistics and targeted revision. €4.99/month including VAT, renewing monthly.

Sources & context

An independently written study guide, not an official BAMF publication or advice for an individual case. The sources below were reviewed on 19 October 2026 for the claims explained here; the test question comes from the existing question bank.

The two editorial pictures are AI-generated illustrations. They do not document real events or official proceedings.