In the German criminal law, the culpability is based on intent. There are also delicts, which can be negligent committed. But these are the exception. The most delicts can be done only deliberately.
That's important for insults too. An insult can't be negligent committed. It have to be your intent, to insult the other person. That means, it have to be your main-intent, to sully the honor or dignity of a person.
It will be assumed, what was your intend, depending on the concrete circumstances.
If someone is a committed national socialist, and you call him that, it is usually assumed, that it was not your intent, to sully his honor or dignity. It is irrelevant, if you would feel it as an insult, if such thing is said to you, as long as you assume, that the other person would not feel it as an insulted because he is such a committed national socialist and everybody knows anyway.
But if he is not a national socialist and doesn't behave like one and you claim, that he is one, although you know, that it is wrong, you would have a problem. Because that is slander.
But if you are convinced, that he is a committed national socialist and you say it, but he is it not, it was only a mistake and is usually not amerciable because there is no such thing like negligent libel or slander. However, it could happen, that he demand compensation, if a damage is arisen through your claim. And he could demand, that you countermand your statement in the same efficient way, as you has stated your false claim. But that's a matter for the civil courts.
But even if he is a national socialist and you call him that and the circumstances are showing, that your intent was not, to make only a statement, which would be allowed, but to sully the honor or dignity of this person, you will get punishment. Because that is not allowed.
You have to have a reason, to state something, from which you know, that it could insult another person. But this reason must not be your intent to insult this person.
If someone behaves like a fascist, you can say, that he is a fascist, if it is clear, that you don't say it to insult him but as a result of his behavior, which match the definition of a fascist. That's no problem. But if it is clear, that you have said it only, to insult him, because you think, that he would feel insulted although you have only said the truth, it would be a criminal offence.
- And criminal offences against German citizens can be prosecuted over national borders, if the criminal offences don't get effective prosecuted in the state, in which it was comitted.
That means, that if a German citizen was insulted by someone from another state and this someone was denounced by the German citizen at a German Public Prosecutor's Department because this insult, there would be criminal proceedings against this someone. For an insult, usually nobody would demand an extradition. That would mean, that the criminal proceedings will get discontinued. But such discontinued criminal proceedings can be reassumed within the limitation of time. That could mean, that, if this someone visits Germany within the limitation of time of his committed criminal offence, he can still get arrested and charged for it.
But it is not my intent, to denounce Mike Wong at a Public Prosecutor's Department. That would be too much effort and I think, that is it not worth. I have better things to do with my time. But regardless, what he has done, is a criminal offence in Germany and he could get prosecuted for it.
And Germany is not the only state with such criminal law. As far as I know, the most continental-european states have similar criminal laws.
- And criminal offences against German citizens can be prosecuted over national borders, if the criminal offences don't get effective prosecuted in the state, in which it was comitted.