Unconstitutional Organisations

Unconstitutional Organisations in Europe

Dissemination of Propaganda Material of Unconstitutional Organisations in Germany

Provisions relating to dissemination of propaganda material of unconstitutional organisations in the German Criminal Code [1]: This criminal issue is covered by Chapter One Crimes Against the Peace of Nations; High Treason; Endangering the Democratic State Under the Rule of Lawunder the Third Title, Endangering the Democratic State Under the Rule of Law,” located in Section 86 Dissemination of propaganda material of unconstitutional organisations, which reads: (1) Whosoever within Germany disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination within Germany or abroad, propaganda material 1. of a political party which has been declared unconstitutional by the Federal Constitutional Court or a political party or organisation which has been held by final decision to be a surrogate organisation of such a party; 2. of an organisation which has been banned by final decision because it is directed against the constitutional order or against the idea of the comity of nations or which has been held by final decision to be a surrogate organisation of such a banned organisation; 3. of a government, organisation or institution outside the Federal Republic of Germany active in pursuing the objectives of one of the parties or organisations indicated in Nos 1 and 2 above; or 4. propaganda materials the contents of which are intended to further the aims of a former National Socialist organisation. shall be liable to imprisonment of not more than three years or a fine. (2) Propaganda materials within the meaning of subsection (1) above shall only be written materials (section 11 (3)) the content of which is directed against the free, democratic constitutional order or the idea of the comity of nations. (3) Subsection (1) above shall not apply if the propaganda materials or the act is meant to serve civil education, to avert unconstitutional movements, to promote art or science, research or teaching, the reporting about current or historical events or similar purposes. (4) If the guilt is of a minor nature, the court may order a discharge under this provision.

Using Symbols of Unconstitutional Organisations in Germany

Provisions relating to using symbols of unconstitutional organisations in the German Criminal Code [1]: This criminal issue is covered by Chapter One Crimes Against the Peace of Nations; High Treason; Endangering the Democratic State Under the Rule of Lawunder the Third Title, Endangering the Democratic State Under the Rule of Law,” located in Section 86a Using symbols of unconstitutional organisations, which reads: (1) Whosoever domestically distributes or publicly uses, in a meeting or in writtenmaterials (section 11 (3)) disseminated by him, symbols of one of the parties or organisations indicated in section 86 (1) Nos 1, 2 and 4; or 1. produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use in Germany or abroad in a manner indicated in No 1, 2. shall be liable to imprisonment of not more than three years or a fine. (2) Symbols within the meaning of subsection (1) above shall be in particular flags,insignia, uniforms and their parts, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in the 1st sentence shall be equivalent to them. (3) Section 86 (3) and (4) shall apply mutatis mutandis.

Resources

Notes

  1. The content of the translated German penal code in relation to using symbols of unconstitutional organisations is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to dissemination of propaganda material of unconstitutional organisations is current as of 2010

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