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Verbotsgesetz
The Verbotsgesetz 1947 (Prohibition Act 1947), abbreviated VerbotsG, is an Austrian constitutional law originally passed on 8 May 1945 (Victory in Europe Day) and amended multiple times, most significantly in February 1947 and in 1992. It banned the Nazi Party and its subsidiaries and required former party members to register with local authorities. Individuals were also subject to criminal sanctions and banned from employment in positions of power. In later decades, the law's provisions against propaganda came to be used against neo-Nazism with a focus on Holocaust denial as well as the deliberate belittlement of any Nazi atrocities. Because the law does not explicitly mention these categories, there was considerable disagreement between regional courts, leading to the 1992 amendment resolving those doubts. Provisions According to Article I VerbotsG, the Nazi Party, its paramilitary organisations such as '' SS'', '' SA'', the ''National Socialist Motor Corps'' and ''National Soc ...
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David Irving
David John Cawdell Irving (born 24 March 1938) is an English author and Holocaust denier who has written on the military and political history of World War II, with a focus on Nazi Germany. His works include ''The Destruction of Dresden'' (1963), ''Hitler's War'' (1977), ''Churchill's War'' (1987) and ''Goebbels: Mastermind of the Third Reich'' (1996). In his works, he argued that Adolf Hitler did not know of the Final Solution, extermination of Jews, or, if he did, he opposed it. Though Irving's Historical negationism, negationist claims and views of German war crimes#World War II, German war crimes in World War II (and Hitler's responsibility for them) were never taken seriously by mainstream historians, he was once recognised for his knowledge of Nazi Germany and his ability to unearth new historical documents. By the late 1980s, Irving had placed himself outside the mainstream of the study of history, and had begun to turn from soft-core' to 'hard-core' Holocaust denial", ...
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Neo-Nazism
Neo-Nazism comprises the post–World War II militant, social, and political movements that seek to revive and reinstate Nazism, Nazi ideology. Neo-Nazis employ their ideology to promote hatred and Supremacism#Racial, racial supremacy (often white supremacy), attack racial and ethnic minorities (often antisemitism and Islamophobia), and in some cases to create a fascist state. Neo-Nazism is a global phenomenon, with organized representation in many countries and international networks. It borrows elements from Nazi doctrine, including antisemitism, ultranationalism, racism, xenophobia, ableism, homophobia, anti-communism, and creating a "Fourth Reich". Holocaust denial is common in neo-Nazi circles. Neo-Nazis regularly display Nazi symbolism, Nazi symbols and express admiration for Adolf Hitler and other Nazi leaders. In some European and Latin American countries, laws prohibit the expression of pro-Nazi, racist, antisemitic, or homophobic views. Many Nazi-related symbols a ...
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Volksverhetzung
, in English "incitement to hatred" (used also in the official English translation of the German Criminal Code), "incitement of popular hatred", "incitement of the masses", or "instigation of the people", is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population. It is often applied to, though not limited to, trials relating to Holocaust denial in Germany. The criminal code () Chapter 7 (Offences against public order), Paragraph 130 (Incitement to hatred) of the Federal Republic of Germany defines when a person is guilty of . Constituent elements Incitement of the People (''Volksverhetzung'') is defined by § 130 (Incitement to hatred) Section 1 of the Criminal Code: Section 1 On 21 January 2015, changes to the former text of § 130 S ...
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Strafgesetzbuch Section 86a
The German (StGB; en, Criminal Code, link=no) in section § 86a outlaws "use of symbols of unconstitutional organizations" 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 outlaw Fascist, Nazi, communist, and Islamic extremist symbols. The law was adopted during the Cold War and notably affected the Communist Party of Germany, which was banned as unconstitutional in 1956, the Socialist Reich Party (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: Symbols affected The text of the law does not name the individual symbols to be outlawed, and there is no official exhaustive list. A symbo ...
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Nulla Poena Sine Lege
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement in the entire history of human thought. Requirements In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of ''nulla poena sine lege'' has been found to consist of four separate requirements: ;''Nulla poena sine lege praevia'': There is to be no penalty without ''previous'' law. This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. ;''Nulla poena sine lege scripta'': There ...
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Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous city and state. A landlocked country, Austria is bordered by Germany to the northwest, the Czech Republic to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west. The country occupies an area of and has a population of 9 million. Austria emerged from the remnants of the Eastern and Hungarian March at the end of the first millennium. Originally a margraviate of Bavaria, it developed into a duchy of the Holy Roman Empire in 1156 and was later made an archduchy in 1453. In the 16th century, Vienna began serving as the empire's administrative capital and Austria thus became the heartland of the Habsburg monarchy. After the dissolution of the H ...
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Amnesty
Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power officially forgiving certain classes of people who are subject to trial but have not yet been convicted." Though the term general pardon has a similar definition, an amnesty constitutes more than a pardon, in so much as it obliterates all legal remembrance of the offense. Amnesty is increasingly used to express the idea of "freedom" and to refer to when prisoners can go free. Amnesties, which in the United Kingdom may be granted by the crown or by an act of Parliament, were formerly usual on coronations and similar occasions, but are chiefly exercised towards associations of political criminals, and are sometimes granted absolutely, though more frequently there are certain specified exceptions. Thus, in the case of the earliest recorded amnesty, ...
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Constitution Of Austria
The Constitution of Austria (german: Österreichische Bundesverfassung) is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Federal Constitutional Law (''Bundes-Verfassungsgesetz'') (B-VG), which includes the most important federal constitutional provisions. Apart from the B-VG, there are many other constitutional acts (called ''Bundesverfassungsgesetze'', singular ''Bundesverfassungsgesetz'', abbrev. BVG, i.e. without the hyphen) and individual provisions in statutes and treaties which are designated as constitutional (''Verfassungsbestimmung''). For example, the B-VG does not include a bill of rights, but provisions on civil liberties are split up over various constitutional pieces of legislation. Over time, both the B-VG and the numerous pieces of constitutional law supplementing it have undergone hundreds of minor and major amendments and revisions. History Austria has been gove ...
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Vienna
en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST = CEST , utc_offset_DST = +2 , blank_name = Vehicle registration , blank_info = W , blank1_name = GDP , blank1_info = € 96.5 billion (2020) , blank2_name = GDP per capita , blank2_info = € 50,400 (2020) , blank_name_sec1 = HDI (2019) , blank_info_sec1 = 0.947 · 1st of 9 , blank3_name = Seats in the Federal Council , blank3_info = , blank_name_sec2 = GeoTLD , blank_info_sec2 = .wien , website = , footnotes = , image_blank_emblem = Wien logo.svg , blank_emblem_size = Vienna ( ; german: Wien ; ba ...
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Courts In Austria
The judiciary of Austria (german: österreischische Judikative) is the judiciary, system of courts, prosecution and prison, correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is judicial independence, independent of the other two branches of government and is committed to guaranteeing right to a fair trial, fair trials and equality before the law. It has broad and effective powers of judicial review in Austria, judicial review. Structurally, the Austrian judiciary is divided into general courts () and courts of public law (). The general courts handle lawsuit, civil and criminal trials as well as non-adversary proceedings such as inheritance cases or legal guardianship matters. The courts of public law supervise the other two branches of government: the administrative court system reviews the legality of administrative acts; the Constitutional Court (Austria), Constitutional Co ...
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Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ...
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Der Spiegel
''Der Spiegel'' (, lit. ''"The Mirror"'') is a German weekly news magazine published in Hamburg. With a weekly circulation of 695,100 copies, it was the largest such publication in Europe in 2011. It was founded in 1947 by John Seymour Chaloner, a British army officer, and Rudolf Augstein, a former Wehrmacht radio operator who was recognized in 2000 by the International Press Institute as one of the fifty World Press Freedom Heroes. Typically, the magazine has a content to advertising ratio of 2:1. ''Der Spiegel'' is known in German-speaking countries mostly for its investigative journalism. It has played a key role in uncovering many political scandals such as the ''Spiegel'' affair in 1962 and the Flick affair in the 1980s. According to ''The Economist'', ''Der Spiegel'' is one of continental Europe's most influential magazines. The news website by the same name was launched in 1994 under the name ''Spiegel Online'' with an independent editorial staff. Today, the content is ...
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