New Law in Germany ?

[lebus12]

https://www.bundesrat.de/SharedDocs/...cationFile&v=5

[Larry C]

This is the the translation of the link that does not open.

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[Wilhelm Saris]

Here is the file in German (I tried and it works):

0216_2D17.pdf

[lebus12]

Many thanks Wlihelm, it's a French dealer who gave the information on a site. Question : when for France....

[Wilhelm Saris]

Last Saturday I met a lot of collector-friends and dealers.
All were talking about this subject. We have to wait and see.

Things are sure to simmer down! We had this before, isn't?

[bananamafia]

Here is the google translation if it helps?

Federal Councilor Druckache 216/17
9:03:17
R - In

law Proposal
Of the Saarland

Draft Law on the Amendment to the Criminal Code -

Extension of § 86a StGB in relation to trade with
So-called "Nazi devotional objects" (... Strandg)

A. Problem and goal
The constitutional protection report 2015 shows that the right-wing extremist
Scene after a year long decline again a clear
Growth. One of the reasons for this is that legal ice cream on the Internet
Become more active and this medium (for example via social networks,
Video platforms and also own websites) to propaganda
And people who have not been the right-wing extremist spectrum
To win as supporters or sympathizers. Here comes
It not infrequently before that on internet pages right extreme characters and
Symbols are displayed. Since right-wing extremist propaganda also
Characterized in that the national socialism is glorified or
Is played down in this context also so-called "NSDevotionalien"
A not insignificant role. This is
Articles, mostly from the time of the National Socialism and
A specific reference to national socialist organizations or their
Representatives. By supporters of the right or neo-Nazi scene
Are corresponding objects for the glorification of the racist,
Discriminatory and despising ideology of national socialism
used. What is worrying is that for such items in the past
A flourishing market. On auctions, flea markets as well as in
For example, antique shops are used for orders, militaria and similar items
Items related to national socialism. Just recently
An auction in Munich has caused great indignation, among others
Garments of representatives of the National Socialism, which are composed of the
Printed matter 216/17 -2-
Collection of a deceased US physician, at tremendous prices
Were auctioned (see Stallion, "Auction in Munich - Partially
Disgusting Nazi devotional objects, "Spiegel Online, June 14, 2016). Also
Sales platforms on the Internet are offered with the offer of Nazi devotional items
(See Nezik, "50 Euro for a Hakenkreuz", Der Spiegel 9/2014, page
130).

The proposed amendment to the law pursues the aim of promoting propaganda
Activities of the neo - Nazi scene, the glorification of the
National socialism, or the relativization of Nazi crimes
Criminal means. In order to protect the protection of Article 86a
StGB, a revival of the constitution
Organizations and their free-democratic democratic order
International understanding of hostile efforts to prevent anybody must
Trivialization or glorification of national socialist organizations
And their representatives are countered. In no case may the
Impression that a mockery of victims of the National Socialist
Violence and arbitrariness.
The current criminal law regulations are not in this context
More adequate.
Although the legislature has so far already in § 86a paragraph 1 number 2 of the Criminal Code
Manufacture, supply, introduction and carrying out of
Of unconstitutional organizations within the meaning of Article 86 (1)
Points 1, 2 and 4 of the Criminal Code.
However, it is always a prerequisite for the abovementioned actions that they should be published in the
Intention to disseminate or use in Germany
serve. Accordingly, the case - law has, for example,
NSDAP party badge by a trader of collectors' items
Punishability under Article 86a (1) (2) of the Criminal Code,
That the sale to a single person only then considered as dissemination
Can be, if carried by the (concrete) idea, the buyer
Will make the sold thing accessible to other persons
(OLG Bremen, decision of 3 December 1986 - Ws 156/86, NJW 1987, 1427,
1428; See also BayObLG, judgment of 14 May 1981, NStZ 1983, 120, 121).
Faced with the fact that with the help of the Internet content and images
Within fractions of seconds around the world
Today, to a much greater extent than a few years ago, the danger that
So-called "Nazi devotional objects" for propaganda and for the purpose of propaganda
-3- Printing Property 216/17
Solidarization by the right-wing extremist scene and a variety
By persons in the form of illustrations. in view of
This always immanent danger of spreading appears the previously described
Limitation of the offense is no longer appropriate.

[HPL2008]

It's not a wholly new law, but a proposed change to the current section 86a of the German Criminal Code.

To make it clearer what this is all about and to put the change into context, here is a translation of sections 86 and 86a, with the proposed change marked in orange*:

"Section 86 Dissemination of propaganda material of unconstitutional organisations

(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 not exceeding 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.


Section 86a Using symbols of unconstitutional organisations

(1) Whosoever

1. domestically distributes or publicly uses, in a meeting or in written materials (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
2. 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, even if these symbols are being concealed
3. domestically or for the purpose of domestic use commercially trades in or for the purpose of commerical trade keeps in stock objects that bear an outwardly recognizable connection to the National Socialist rule of tyranny and violence or its representatives

shall be liable to imprisonment not exceeding 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."

*) Source for the official English translation of sections 86 and 86a: GERMAN CRIMINAL CODE. The proposed additions were translated by me.

[ostfrontmilitaria]

Does it mean that the law is only for the items made after 1945? For example I collect NSDAP party badges, does it mean that I'm a criminal too?

[HPL2008]

Does it mean that the law is only for the items made after 1945? For example I collect NSDAP party badges, does it mean that I'm a criminal too?

No; what makes you think it only applies to items made after 1945?

Basically and massively simplified, it comes down to this:

To buy/sell, import/export, stock/distribute, make/copy or use Nazi stuff = unlawful, unless it is for the purposes of public education, averting unconstitutional movements, arts, science, research, teaching, journalism or similar purposes. Collecting is generally considered such a "similiar purpose".

The amendment to the present law - if it passes in its current version - would expand the categories of banned material and would render public selling (be it on websites, in antique/militaria shops or on shows) pretty much impossible.

[CBH]

I'm sure this Law will make Germany safe from the Rightwing.

Sad, this law seem a little Orwellian to me.

Also people always want what they can't have, so I'm sure this will just push TR collecting into the Blackmarket.