Badge Act 1960

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With the Badge Act 1960 , the public display of badges , uniforms or parts of uniforms of forbidden organizations was made a criminal offense in Austria . The official full title of the law is the Federal Act of April 5, 1960, which bans certain badges . The law was introduced primarily to prevent National Socialist propaganda in public. The last change so far took place in 2012 (as of February 2015).

content

construction

The Badge Act is a short set of rules consisting of four paragraphs :

  • Section 1 describes the forbidden badges
  • Section 2 contains the exceptional provisions
  • § 3 defines the penalty framework
  • § 4 names the enforcement authority

Prohibited badges

Paragraph one forbids the public wearing, display, display and distribution of badges, uniforms and parts of uniforms of forbidden organizations. Prohibited organizations are mainly National Socialist organizations. These are described in the Prohibition Act 1947 .

Symbols, marks and emblems also count as badges. Symbols that are used as a substitute for original symbols “because of their similarity or their obvious purpose” are also prohibited. The prohibition therefore extends not only to obviously forbidden signs such as swastikas , but also to those that only suggest or imitate them, such as swastikas with omissions or other corresponding signs with other additions.

Exceptions

The exceptions are set out in paragraph two. As long as the ideas of a prohibited organization are not approved or propagated, the following four forms of representation are excluded from the prohibition:

  • Printing units
  • pictorial representations
  • Performances of stage and film works
  • Exhibitions in which exhibits that are subject to the ban do not constitute an integral part of the exhibition or if the exhibition is clearly directed against the ideas of the prohibited organization in question.

Punish

Anyone who violates the ban is to be punished by the district administrative authority , in municipalities in which the state police department acts as the 1st instance security authority, with a fine of up to 4,000 euros or with a prison sentence of up to one month. If aggravating circumstances predominate, fines and imprisonment can also be imposed side by side.

Execution

The Federal Ministry of the Interior is entrusted with the implementation of the law .

See also

swell