Strafgesetzbuch Section 86a - Law Text

Law Text

The relevant excerpt of the German criminal code reads:

§ 86 StGB Dissemination of Means of Propaganda of Unconstitutional Organizations

(1) Whoever domestically disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination domestically or abroad, means of propaganda:

1. of a party which has been declared to be unconstitutional by the Federal Constitutional Court or a party or organization, as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a party;

4. means of propaganda, the contents of which are intended to further the aims of a former National Socialist organization,

shall be punished with imprisonment for not more than three years or a fine.

(3) Subsection (1) shall not be applicable if the means of propaganda or the act serves to further civil enlightenment, to avert unconstitutional aims, to promote art or science, research or teaching, reporting about current historical events or similar purposes.

§ 86a StGB Use of Symbols of Unconstitutional Organizations

(1) Whoever:

1. domestically distributes or publicly uses, in a meeting or in writings (§ 11 subsection (3)) disseminated by him, symbols of one of the parties or organizations indicated in § 86 subsection (1), nos. 1, 2 and 4; or
2. produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use domestically or abroad, in the manner indicated in number 1,

shall be punished with imprisonment for not more than three years or a fine.

(2) Symbols, within the meaning of subsection (1), shall be, in particular, flags, insignia, uniforms, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in sentence 1 shall be deemed to be equivalent thereto.

(3) The exceptions from §86 subsection (3) and (4) apply accordingly.

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