Section 86/86a (StGB)

§ 86 StGB – Propaganda Materials

(1) Whoever distributes, makes publicly accessible, produces, keeps in stock, imports or exports propaganda materials

1. of a party declared unconstitutional by the Federal Constitutional Court or a party or association that has been incontestably determined to be a substitute organization of such a party,
2. of an association that has been incontestably banned because it opposes the constitutional order or the principle of international understanding, or that has been incontestably determined to be a substitute organization of such a banned association,
3. of a government, association or institution outside the territorial scope of this Act that acts for the purposes of one of the parties or associations referred to in numbers 1 and 2, or
4. which, by its content, is intended to continue the activities of a former National Socialist organization,

shall be punished with imprisonment of up to three years or a fine.

(2) The same penalty shall apply to anyone who distributes, makes publicly accessible, produces, keeps in stock, imports or exports propaganda materials of an organization that is listed in the Annex to Council Implementing Regulation (EU) 2021/138 of 5 February 2021 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2020/1128 (OJ L 43, 8.2.2021, p. 1), as a legal person, group or body.

(3) Propaganda materials within the meaning of paragraph 1 are only such content (§ 11 para. 3) that is directed against the free democratic basic order or the principle of international understanding. Propaganda materials within the meaning of paragraph 2 are only such content (§ 11 para. 3) that is directed against the existence or security of a state or an international organization or against the constitutional principles of the Federal Republic of Germany.

(4) Paragraphs 1 and 2 shall not apply if the act serves civic education, the prevention of unconstitutional activities, art or science, research or teaching, reporting on events of current affairs or history, or similar purposes.

(5) If the guilt is minor, the court may refrain from punishment under this provision.

§ 86a StGB – Symbols

(1) Whoever

1. distributes or publicly uses in Germany, in an assembly or in content disseminated by him (§ 11 para. 3), symbols of one of the parties or associations referred to in § 86 para. 1 nos. 1, 2 and 4 or para. 2, or
2. produces, keeps in stock, imports or exports content (§ 11 para. 3) that depicts or contains such a symbol for distribution or use in the manner referred to in number 1 in Germany or abroad,

shall be punished with imprisonment of up to three years or a fine.

(2) Symbols within the meaning of paragraph 1 include, in particular, flags, insignia, uniform parts, slogans and forms of greeting. Equivalent are symbols that are confusingly similar to them.

(3) § 86 paras. 4 and 5 shall apply accordingly.