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Section 86/86a (StGB)

Section 86 (StGB)

 

Section 86 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;

 

2.

of an organization, which has been banned, no longer subject to appeal, because it is directed against the constitutional order or against the idea of international understanding, or as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a banned organization;

 

3.

of a government, organization or institution outside of the territorial area of application of this law which is active in pursuing the objectives of one of the parties or organizations indicated in numbers 1 and 2; or

 

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.

 (2) Means of propaganda within the meaning of subsection (1) shall only be those writings (Section 11 subsection (3)) the content of which is directed against the free, democratic constitutional order or the idea of international understanding.

(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.

(4) If guilt is slight, the court may refrain from imposition of punishment pursuant to this provision.


Section 86a (StGB)

 

(1) Whoever:

 

1.

domestically distributes or publicly uses, in a meeting or in writings (Section 11 subsection (3)) disseminated by him, symbols of one of the parties or organizations indicated in Section 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) Section 86 subsections (3) and (4), shall apply accordingly.

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