(1) An act is committed at every place the
perpetrator acted or, in case of an omission,
should have
acted, or at which the result, which is an element of the offense, occurs or
should occur according to the understanding of the perpetrator.
(2) Incitement or accessoryship is committed
not only at the place where the act was committed, but also at every place
where the inciter or accessory acted or, in case of an omission, should have
acted or where, according to his understanding, the act should have been
committed. If the inciter or accessory in an act abroad acted domestically,
then German criminal law shall apply to the incitement or accessoryship, even
if the act is not punishable according to the law of the place of its
commission.
(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.
(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.
(1) Whoever publicly, in a meeting or through
the dissemination of writings (Section 11 subsection (3)), incites an unlawful
act, shall be punished as an inciter (Section 26).
(2) If the incitement is unsuccessful, then the
punishment shall be imprisonment for not more than five years or a fine. The
punishment may not be more severe than that provided in a case in which the
incitement is successful (subsection (1)); Section 49 subsection (1), no.2,
shall be applicable.
Section 130 Agitation of the People
(1) Whoever, in a manner that is capable of
disturbing the public peace:
1. incites
hatred against segments of the population or calls for violent or arbitrary
measures against them; or
2. assaults the
human dignity of others by insulting, maliciously maligning, or defaming
segments of the population, shall be punished with imprisonment from three
months to five years.
(2) Whoever:
1. with respect
to writings (Section 11 subsection (3)), which incite hatred against segments
of the population or a national, racial or religious group, or one
characterized by its folk customs, which call for violent or arbitrary measures
against them, or which assault the human dignity of others by insulting,
maliciously maligning or defaming segments of the population or a previously
indicated group:
a) disseminates them;
b) publicly
displays, posts, presents, or otherwise makes them accessible;
c) offers,
gives or makes accessible to a person under eighteen years; or
(d) produces,
obtains, supplies, stocks, offers, announces, commends, undertakes to import or
export them, in order to use them or copies obtained from them within the
meaning of numbers a through c or facilitate such use by another; or
2. disseminates
a presentation of the content indicated in number 1 by radio,
shall be
punished with imprisonment for not more than three years or a fine.
(3) Whoever publicly or in a meeting approves
of, denies or renders harmless an act committed under the rule of National
Socialism of the type indicated in Section 6 Subsection 1 and Section 7
Subsection 1 Codes of Crimes against international Law, in a manner capable of
disturbing the public piece shall be punished with imprisonment for not more
than five years or a fine.
(4) Subsection (2) shall also apply to writings
(Section 11 subsection (3)) with content such as is indicated in subsection
(3).
(5)
In cases under subsection (2), also in conjunction
with subsection (4), and in cases of subsection (3), Section 86 subsection (3),
shall apply correspondingly.
(1) Whoever disseminates, publicly displays,
posts, presents, or otherwise makes accessible a writing (Section 11 subsection
(3)) which is capable of serving as instructions for an unlawful act named in
Section 126 subsection (1), and is intended by its content to encourage or
awaken the readiness of others to commit such an act, shall be punished with
imprisonment for not more than three years or a fine.
(2) Whoever:
1.
disseminates, publicly displays, posts, presents, or otherwise makes accessible
a writing (Section 11 subsection (3)) which is capable of serving as
instructions for an unlawful act named in Section 126 subsection (1); or
2. gives
instructions for an unlawful act named in Section 126 subsection (1), publicly
or in a meeting, in order to encourage or awaken the readiness of others to
commit such an act,
shall be
similarly punished.
(3) Section 86
subsection (3), shall apply correspondingly.
(1) Whoever, in relation to writings (Section
11 subsection (3)), which describe cruel or otherwise inhuman acts of violence
against human beings in a manner which expresses a glorification or rendering
harmless of such acts of violence or which represents the cruel or inhuman
aspects of the event in a manner which injures human dignity:
1. disseminates
them;
2. publicly
displays, posts, presents, or otherwise makes them accessible;
3. offers,
gives or makes them accessible to a person under eighteen years; or
4. produces,
obtains, supplies, stocks, offers, announces, commends, undertakes to import or
export them, in order to use them or copies obtained from them within the
meaning of numbers 1 through 3 or facilitate such use by another,
shall be
punished with imprisonment for not more than one year or a fine.
(2) Whoever disseminates a presentation of the
content indicated in subsection (1) by radio, shall be similarly punished.
(3) Subsections (1) and (2) shall not apply if
the act serves as reporting about current or historical events.
(4) Subsection (1), number 3 shall not be
applicable if the person authorized to care for the person acts.
Treaty for the protection of minors in mass media
Section (4) Subsection (2)
Websites/contents that are obviously suitable to endanger
minors or harm them in any way should only be accessible to adults
Section 23
Anyone who makes such content - as listed in section (4),
Subsection (2) - accessible to minors shall be punished with imprisonment
for not more than one year or a fine.