Uniform ban in Germany

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Under the uniform prohibition one understands in German law the prohibition to wear uniforms , uniform parts or similar items of clothing in public or in a meeting as an expression of a common political opinion.

history

Deployment of the SA in Spandau (1932)

There was already a uniform ban in Germany during the Weimar Republic since 1930 (see also SA deployment in Braunschweig 1930). On June 5, 1930, the Bavarian Ministry of the Interior included a uniform ban in the Assembly Act. On July 1, 1931, the Munich police department banned the wearing of uniform clothing and enforced this ban.

The self-proclaimed Dierechte Stadtschutz Dortmund has been patrolling Dortmund since 2008 . Participants wear uniform T-shirts with the appropriate label. Allegedly homosexuals are asked whether they would protect themselves from sexually transmitted diseases. For the march on August 23, 2014, the requirements were extended and a ban on wearing uniform was issued.

At the end of August 2015, the Wuppertal public prosecutor's office brought charges against Sven Lau and eight other men for alleged violations of the uniform ban due to the so-called Sharia police actions . In December 2015, however, the Wuppertal Regional Court refused to open criminal proceedings because there was no violation of the uniform ban. On May 3, 2016, the Higher Regional Court allowed criminal proceedings against the “Sharia police”. In November 2016, the defendants were acquitted by the Wuppertal district court. In December 2017, the proceedings were appealed to the BGH at the request of the public prosecutor. In January 2018, the BGH overturned the acquittals because the Wuppertal district court had not adequately examined whether the action was likely to intimidate people. It doesn't matter whether people were actually intimidated. Suitability alone is crucial. The presiding judge of the BGH specifically mentioned the presence of the inscription “Shariah Police” as a counter-argument to the defense's objection “that high visibility vests are worn by many people”. At the end of May 2019, four of the defendants were convicted of violating the uniform prohibition and three of the defendants were convicted of aiding and abetting. Fines of up to € 1,800 were imposed. In 2020 the judgment was confirmed by the Federal Court of Justice.

Two years after the incidents related to the second division game Karlsruher SC - SG Dynamo Dresden on May 14, 2017, the Karlsruhe public prosecutor issued penal orders against 58 Dynamo fans, among other things for violating the ban on uniforms. They had organized a fan march in the run-up to the game and distributed camouflage shirts and fishing hats to all the Dynamo fans arriving, so that around 1,500 fans went to the stadium wearing these uniform clothing. The penalty orders, including other criminal offenses, amounted to a total of € 290,000 and several suspended sentences.

Federal law

At the federal level , the ban on uniforms is regulated in Section 3 (1) of the General Assembly Act. Violations of the prohibition of uniforms are punishable under Section 28 of the General Assembly Act and are threatened with imprisonment of up to two years or a fine. According to the Assembly Act, it is forbidden to wear uniforms or clothing-like clothing in public if the intention is to express a common political opinion.

According to Section 3, Paragraph 2 of the General Assembly Act, youth associations that are primarily dedicated to youth care are exempted from the uniform ban upon application.

Legal situation in Bavaria

In Bavaria , as far as behavior at meetings is concerned, the Federal Assembly Act does not apply, but the Bavarian Assembly Act (BayVersG). Meanwhile, Art. 7 contains a uniform ban, which expressly only applies "unless by an intimidating effect is produced." Violations of this ban on uniforms constitute an administrative offense in accordance with Art. 21 Paragraph 1 No. 2 BayVersG, which can be punished with a fine of up to 3,000 euros.

On June 5, 1930, Bavaria was the first German state to issue an initially restricted uniform ban. It was directed against the marches of the SA . It was expanded on July 10, 1931. Since there were disagreements with the German Reich about the validity of such a state-wide ban, the state of Bavaria issued a second ban on June 17, 1932, this time for a limited period. On June 28, 1932, the Bavarian uniform ban was lifted by an emergency ordinance issued by Reich President Paul von Hindenburg .

See also

literature

Individual evidence

  1. ↑ Self-proclaimed "city protection": neo-Nazis patrol through Dortmund - police are alerted. Focus Online , August 12, 2015, accessed May 3, 2016 .
  2. ↑ cf. BVerwG, judgment of September 25, 2008, Az. 3 C 35.07 = juris, Rn. 26, mw N.
  3. ^ Right-wing radicals: Dortmund neo-Nazis provoke with "city protection". derwesten.de , August 19, 2014, accessed December 15, 2015 .
  4. ↑ Dortmund District Court: Nazi equivalent of "Sharia Police" is not punishable. Migration in Germany , April 20, 2015, accessed on May 3, 2016 .
  5. ↑ Two years imprisonment threatens - aftermath for Salafists: Now the "Sharia police" have to go to court. Focus Online , September 1, 2015, accessed May 3, 2016 .
  6. ↑ Islamists in Wuppertal: District court rejects criminal trial for “Sharia police”. Spiegel Online , December 9, 2015, accessed May 3, 2016 .
  7. ^ Wuppertal: Higher Regional Court allows criminal proceedings against "Sharia police". Spiegel Online , May 3, 2016, accessed May 3, 2016 .
  8. ^ Spiegel Online, Hamburg Germany: Wuppertal: Court acquits "Sharia police officers". (No longer available online.) In: Spiegel Online. Archived from the original on November 21, 2016 ; accessed on November 21, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.spiegel.de
  9. ^ Revision in the process of Sharia police. In: FAZ.net . December 14, 2017, accessed October 13, 2018 .
  10. ↑ Acquittals for "Sharia police officers" canceled. In: sueddeutsche.de. January 11, 2018, accessed July 31, 2018 .
  11. ^ Judgments in the "Sharia Police" process. In: WDR, news. May 27, 2019, accessed May 27, 2019 .
  12. ↑ Federal Court of Justice confirms judgment: fines against "Sharia police". July 20, 2020, accessed July 20, 2020 .
  13. ↑ Videos: "War to the DFB": Dynamo fans in Karlsruhe. Retrieved October 5, 2019 .
  14. ↑ Suspended sentences & penalty orders in the amount of € 290,000. Retrieved October 5, 2019 .
  15. ^ Uniform ban, 1930–1932. Historical Lexicon of Bavaria , February 28, 2011, accessed on February 27, 2015 .
  16. ↑ Michael Peters: The "Gau Franconia" of the "Franconian Leader" Julius Streicher: Franconia in National Socialism. In: History of Franconia from the end of antiquity to the present - Part II: From the time of Napoleon to the present ( Memento of the original of February 27, 2015 in the Internet Archive ) Info: The @1@ 2Template: Webachiv / IABot / nikol-verlag.de archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , Nikol Verlag, Hamburg 2013, p. 216