Strafgesetzbuch section 86a

The German Strafgesetzbuch (StGB; English: Criminal Code) in section § 86a outlaws use of symbols of "unconstitutional organizations" and terrorism outside the contexts of "art or science, research or teaching". The law does not name the individual symbols to be outlawed, and there is no official exhaustive list. However, the law has primarily been used to suppress fascist, Nazi, communist, extremist and Russian militarist symbols. The law, adopted during the Cold War, most notably affected the Communist Party of Germany, which was banned as unconstitutional in 1956; the Socialist Reich Party, which was banned in 1952; and several small far-right parties.

The law prohibits the distribution or public use of symbols of unconstitutional groups—in particular, flags, insignia, uniforms, slogans and forms of greeting.

Text

The relevant excerpt of the German criminal code reads:

§ 86 StGB Dissemination of Means of Propaganda of Unconstitutional Organizations

§ 86a StGB Use of Symbols of Unconstitutional Organizations

Symbols affected

The text of the law does not name the individual symbols to be outlawed, and there is no official exhaustive list. A symbol may be a flag, emblem, uniform, or a motto or greeting formula. The prohibition is not tied to the symbol itself but to its use in a context suggestive of association with outlawed organizations. Thus, the Swastika is outlawed if used in a context of völkisch ideology — while it is legitimate if used as a symbol of religious faith — particularly any South, South Eastern or East Asian religions. Similarly, the Wolfsangel is outlawed if used in the context of the Junge Front but not in other contexts such as heraldry, or as the emblem of "landscape poet" Hermann Löns.

Because of the law, German Neo-Nazis took to displaying modified symbols similar but not identical with those outlawed. In 1994, such symbols were declared equivalent to the ones they imitate (Verbrechensbekämpfungsgesetz § 2). As a result of the ban on Nazi symbols, German Neo-Nazis have used older symbols such as the black-white-red German Imperial flag (which was also briefly used by the Nazis alongside the party flag as one of two official flags of Nazi Germany from 1933 until 1935) as well as variants of this flag such as the one with the Eiserne Kreuz and the Reichsdienstflagge variants, the Imperial-era Reichskriegsflagge, the Schwarze Sonne and the flag of the Strasserite Black Front – a splinter Nazi organization – as alternatives. They have also used the American Confederate battle flag, due to its association with racism and white supremacy.

Affected by the law according to Federal Constitutional Court of Germany rulings are:

• Sozialistische Reichspartei (1952)
• Kommunistische Partei Deutschlands (1956)
• Freie Deutsche Jugend (West Germany)
• Volkssozialistische Bewegung Deutschlands/Partei der Arbeit (1982)
• Aktionsfront Nationaler Sozialisten/Nationale Aktivisten (1983)
• Deutsche Alternative (1992) (not to be confused with Alternative für Deutschland)
• Nationalistische Front (1992)
• Wiking-Jugend (1994)
• Freiheitliche Deutsche Arbeiterpartei (1995)
• Blood and Honour, Germany chapter (2000)

Symbols known to fall under the law are:

• the swastika as a symbol of the Nazi Party, prohibited in all variants, including mirrored, inverted etc.
• a stylized Celtic cross, prohibited as a symbol of the VSBD/PdA and in the variant used by the White Power movement. The legal status of the symbol used in non-political contexts is uncertain, but non-political use is not acted upon in practice.
• the solar cross as a symbol of the Ku Klux Klan (symbol of cross burning from the "second Klan" era onward), the German Faith Movement, the Thule Society and the 5th and 11th Waffen SS divisions
• the Sig rune as used by the SS
• the Sturmabteilung emblem
• the legal status of the Othala SS-rune is disputed; prohibited as a symbol of the Hitler-Jugend/Wiking-Jugend. Post-war military usage was incorporated into the Bundeswehr with a stylized "Odal SS-rune" being featured on the shoulder insignia of the Hauptfeldwebel with it also being used by the ranks succeeding it.
• the Wolfsangel as used by the 2nd, 4th and 34th Waffen-SS divisions, Hitlerjugend and Junge Front
• Gauwinkel badges (2002)
• Reichskriegsflagge: prohibited in the Third Reich version including a swastika.
• the "Heil Hitler" greeting (1970)
• the "Sieg Heil" greeting (1990)
• Unsere/Meine Ehre heißt Treue, along with the Totenkopf symbol, as the motto of the Waffen-SS and Mit deutschem Gruß as the verbal equivalent of the Hitler salute.
• The Reichsadler with the Nazi swastika.
• the "Horst-Wessel-Lied" (the anthem of the Nazi Party) and "Unsre Fahne flattert uns voran" (a song of the Hitler-Jugend) (1991)
• the hammer and sickle, red star and red flag when used as emblems of the Communist Party of Germany
• The Black Standard of the Islamic State; widely considered the chief sigil or flag of the jihadi group.
• the People's Protection Units (YPG) pennant was explicitly banned as a symbol related to the PKK on 2 March 2017, even though the organisation itself is not currently recognised as terrorist.
• Since the 2022 invasion of Ukraine by Russia, several states including Berlin, Lower Saxony and Bavaria are looking to put the military Z symbol under the law.
• Hamas is considered a terrorist organisation in the European Union and has been forbidden in Germany since 2023. Accordingly, the public use of all symbols of Hamas is prohibited, including their emblem, flag, logo, images of their representatives, and the red triangle used by Hamas to mark their targets. The phrase "From the river to the sea" is also considered a symbol of Hamas, as long as it is not used in a context that "unambiguously" has nothing to do with the organisation, for example if the organisators of a demonstration have explicitly distanced themselves from Hamas. The use of the Palestinian flag is generally allowed, but might be subjected to restrictions in some schools. Palestinian flags have been confiscated by the police at some demonstrations.
• The flag and emblem of the Islamic Republic of Iran were forbidden in Germany since the 2025-2026 Iranian uprising.

Illustration of the emblems mentioned in the list above:

Anti-fascist symbols

In 2005, controversy arose about whether the paragraph should be taken to apply to the display of crossed-out swastikas as a symbol of anti-fascism. In late 2005 police raided the offices of the punk rock label and mail order store "Nix Gut Records" and confiscated merchandise depicting crossed-out swastikas and fists smashing swastikas. In 2006, the Stade police department started an inquiry against anti-fascist youths using a placard depicting a person dumping a swastika into a trashcan. The placard was displayed in opposition to the campaign of right-wing nationalist parties for local elections.