Everything you need to know about the ban on symbols of unconstitutional (Nazi) organizations (§ 86a of the German Criminal Code) and the penalties

Everything you need to know about the ban on Nazi symbols (§ 86a StGB) and penalties in Germany

After the Second World War, Germany committed itself very strictly to preventing any resurgence of Nazi ideology or propaganda. As part of this commitment, Section 86a of the German Criminal Code (Strafgesetzbuch – StGB) was introduced. It prohibits the use and dissemination of symbols of unconstitutional organisations, first and foremost those of the Nazi regime.

What does § 86a StGB mean?

Section 86a of the German Criminal Code makes it a criminal offence to:

• use, display, distribute or possess symbols of parties or organisations that have been banned as unconstitutional, and

• promote or advertise these symbols in any form, whether in public spaces or online.

Which symbols are prohibited?

The ban covers, in particular, symbols associated with Nazism, such as:

• the swastika (Hakenkreuz),

• the so-called “Hitler salute” (Hitlergruß),

• insignia of Nazi SS units,

• flags, badges, slogans or any other signs used to glorify the Nazi regime or spread its ideology.

Are there any exceptions?

Yes, the use of such symbols is allowed in certain narrowly defined contexts, for example:

• for educational and historical purposes, e.g. in museums, exhibitions or school textbooks,

• in works of art, if they serve a critical, educational or anti-propaganda purpose,

• in media and journalistic coverage, where they are used for documentation and information.

What are the penalties?

• Violations of § 86a StGB can be punished by imprisonment of up to three years or a fine.

• Objects and materials bearing prohibited symbols may be confiscated by the authorities.

Examples of violations

• Wearing clothes with a swastika in a demonstration or in a public place.

• Hanging flags or posters with Nazi symbols in public areas.

• Posting pictures or other content with such symbols on social media for the purpose of propaganda or incitement.

How should you react if you witness a violation?

1. Report it to the police

   • Emergency number: 110 (within Germany).

2. Document the incident

   • If it is safe and lawful, take photos or video recordings.

   • Note the exact time, place and possible witnesses.

3. Do not confront the offenders directly

   • Leave direct confrontation to the police in order to avoid putting yourself at risk.

What is the purpose of this ban?

• Protecting democracy: Preventing the revival of anti-democratic, unconstitutional and racist ideologies.

• Protecting victims: Showing respect for the victims of Nazism and racist crimes.

• Safeguarding social peace: Curbing hate speech, propaganda and incitement.

Conclusion

The ban on symbols of Nazi organisations in Germany reflects a historical and moral obligation: to make sure that the atrocities of the past are not repeated and that the core values of a democratic society are protected. If you witness a violation, remember: the law is on your side, and by reporting instead of remaining silent, you actively contribute to defending these values.

Key German terms

• Strafgesetzbuch (StGB): German Criminal Code

• § 86a StGB: Section 86a of the Criminal Code on the prohibition of symbols of unconstitutional organisations

• Hakenkreuz: Swastika (main symbol of the NSDAP)

• Hitlergruß: “Hitler salute”, Nazi greeting

• Verfassungswidrig: Unconstitutional, opposed to the democratic basic order

— The editorial team of the website strives to provide accurate information based on thorough research and consultation of multiple sources. However, errors or incomplete details may still occur. Please treat the information in this article as an initial point of reference and always contact the competent authorities and professional advisors for binding and up-to-date legal information.