The District Court of Halle has sentenced the AfD politician Björn Höcke to a fine for using symbols of unconstitutional and terrorist organizations. He has been ordered to pay 100 daily rates of 130 euros each, totaling 13,000 euros. The fifth criminal chamber deemed it proven on Tuesday that Höcke had used the banned slogan “Everything for Germany” of the SA of the NSDAP at a rally in Merseburg in May 2021. This constitutes the use of symbols of unconstitutional and terrorist organizations under Paragraph 86a of the Criminal Code. The verdict is not yet final, and a revision is possible within a week. The prosecution has announced its intention to review the decision. If the verdict becomes final, Höcke will be considered convicted. According to the Federal Central Register Act, penalties of less than 90 daily rates do not appear on a person’s criminal record.
During the trial, the presiding judge, Jan Stengel, described Höcke as an “intelligent man” and stated that the court was convinced that Höcke was aware that the SA slogan was banned and still used it. The judge criticized Höcke for exploiting the cloak of freedom of speech and suggested that his decision to use the slogan was spontaneous, with the intention to push boundaries. The prosecutor had requested a six-month suspended sentence as a necessary measure to influence the defendant, based on his post-offense behavior. Additionally, the prosecutor proposed that Höcke should donate 10,000 euros to a charitable organization, such as an NS memorial site or a program for extremists.
Höcke denied the accusations against him in court, claiming that he was unaware of the slogan’s origin. The prosecution argued that Höcke’s actions were intentional, as he had resurrected and popularized a long-forgotten slogan. They pointed to his use of NS vocabulary in other instances, indicating a deliberate attempt to challenge societal norms. Höcke’s defense lawyers demanded his acquittal, arguing that the prosecution had brought unnecessary attention to the case. They also disputed the assertion that the SA slogan was the primary motto of the organization. The defense noted that there was no explicit reference to the NS era during the Merseburg event, focusing instead on criticism of wind turbines, the Greens, and migration policies.
In his final statement, Höcke accused the prosecutor of bias and lack of neutrality, claiming that the trial had overlooked exculpatory evidence. He highlighted his perception of restricted freedom of speech in Germany and criticized the handling of his case. The judge reminded Höcke to focus on the facts and avoid turning his comments into a political speech. The court session featured various videos as evidence, including a clip from a WELT TV debate where Höcke defended his use of the slogan as commonplace. Another video showed Höcke using the same slogan at a public event in Gera, where he had the audience recite the words.
Höcke, who was born in North Rhine-Westphalia, is facing additional charges of incitement to hatred in a separate case at the District Court of Mühlhausen in Thuringia. No trial dates have been set for this case or for the Gera incident to be heard at the Halle court. The outcome of the Halle trial has yet to be finalized, pending any potential appeals or revisions. If the conviction stands, Höcke will be marked as having a criminal record, subject to the regulations of the Federal Central Register Act.
