Austria - Verbotsgesetz 1947/Prohibition Act 1947

Laws Criminalizing Holocaust Denial and Affecting De- Nazification

1. The NSDAP, its armed forces associations (SS, SA, NSKK, NSFK), their branches and affiliated associations as well as all National Socialist organizations and institutions in general have been dissolved; their regeneration is forbidden.
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2. Mandates of the members of regional authorities or professional representations, which were obtained directly or indirectly on the basis of proposals by the NSDAP, the organizations and institutions mentioned in § 1 or their members, have expired.

3. It is forbidden to anyone, whether outside of these organizations, to work for the NSDAP or its goals in any way.

3a. A crime is guilty and is punished with imprisonment of ten to twenty years, if the perpetrator is particularly dangerous or the activity also with life imprisonment:
1. anyone who tries to maintain or restore a legally dissolved National Socialist organization or to establish contact with such an organization or a person acting on its behalf; The following are considered National Socialist organizations (Section 1): the NSDAP, the SS, the SA, the NSKK, the NSFK, the NS soldiers 'ring, the NS officers' union, all other branches of the NSDAP and its affiliated associations, as well as any other National Socialist organization;
2. Anyone who establishes an association whose purpose is to undermine the independence and independence of the Republic of Austria through the activities of its members in the National Socialist sense or to disturb the public calm and the reconstruction of Austria, or who is active in a association of this kind;
3. Anyone who promotes the expansion of one of the organizations and connections referred to in Z 1 and 2 by recruiting members, providing funds or in a similar way, equipping the members of such an organization or connection with weapons, means of transport or communication facilities or similar Enables or supports the activities of such an organization or association;
4th anyone who manufactures, procures or keeps weapons of war, means of transport or communication facilities for such an organization or association.

3b. Anyone who takes part in an organization or association of the type specified in Section 3a or supports it with monetary donations or in any other way will, if the act is not punishable under Section 3a, be punished with imprisonment for crimes of five to ten years, if the act is particularly dangerous Offender or activity for up to twenty years.

3c. The criminal liability of the actions referred to in §§ 3a and 3b expires if the culprit of his own initiative, before the authority finds out about his fault, everything known to him about the organization or association and its plans at a time when it is still was secret and damage could be prevented, the authority discovered.

3d. Anyone who publicly or in front of several people, in printed works, disseminated writings or graphic representations, calls on, incites or tries to induce one of the actions prohibited according to § 1 or § 3, in particular for this purpose glorifies or praises the goals of the NSDAP, its facilities or measures , will be punished with imprisonment of five to ten years, if the perpetrator or the activity is particularly dangerous, up to twenty years, if it does not represent a serious, frowned upon crime.

3e. (1) Anyone who agrees to commit murder, robbery, arson, a crime in accordance with Sections 85, 87 or 89 of the Criminal Law or a crime in accordance with Section 4 of the Explosives Act as a means of activity in the National Socialist sense with another person is subject to imprisonment from ten to twenty years, if the perpetrator or the activity is particularly dangerous, also punished with life imprisonment.
(2) According to Paragraph (1), anyone who has entered into an appointment of the type specified there, but subsequently of his own accord, before the authority finds out that he is at fault, is not punished for anything that is known to him about the appointment, discovered by the authorities at a time when it was still secret and the intended crime could be prevented.

3f. Anyone who tries or carries out a murder, robbery, arson, a crime according to Sections 85, 87 or 89 of the Criminal Law or a crime according to Section 4 of the Explosives Act as a means of activity in the National Socialist sense will face imprisonment from ten to twenty years , punished with life imprisonment if the perpetrator or the activity is particularly dangerous.

3g. Anyone who acts in a way other than that described in Sections 3a to 3f in the National Socialist sense, unless the act is more severely punishable according to another provision, is subject to imprisonment of one to ten years, if the perpetrator or the perpetrator is particularly dangerous Penalty for activity up to 20 years.

3h. According to 3g, anyone who denies, grossly belittles, approves of the National Socialist genocide or other National Socialist crimes against humanity in a printed work, on the radio or in another medium or whoever publicly in a way that makes it accessible to many people is also punished or seek to justify.

3i. Anyone who has credible knowledge of a company of the type specified in §§ 3a, 3b, 3d or 3e or of a person who has become involved in such a company at a time in which damage could be prevented and intentionally fails to do so to report to the authority, although he could make it without exposing himself, his relatives (§ 216 St. G.) or persons under his legal protection to any danger, is punishable by imprisonment from one to ten years.

3j. The main hearing and judgment due to the crimes specified in Sections 3a to 3i is the responsibility of the jury.