What the trial against Höcke is about

Thuringia’s AfD leader Höcke has to answer in court starting today. He is accused of using a banned SA slogan. He himself denies having known what it was about. The most important questions and answers.

The first day of the trial against AfD politician Björn Höcke has begun at the regional court in Halle. The Thuringian party leader is accused of using the symbols of unconstitutional and terrorist organizations.

The former history teacher wants to run as the AfD’s top candidate in the state elections in Thuringia on September 1st. His party is classified as right-wing extremist by the state Office for the Protection of the Constitution.

What exactly is Höcke accused of?

In a speech in Merseburg in Saxony-Anhalt in May 2021, Björn Höcke is said to have uttered the banned slogan “Everything for Germany!” the Sturmabteilung (SA), the paramilitary fighting organization of the NSDAP. He is said to have known that the last part of the slogan “Everything for our homeland, everything for Saxony-Anhalt, everything for Germany” was a forbidden saying.

Specifically, he now has to answer under Section 86a of the Criminal Code for using the symbols of unconstitutional and terrorist organizations.

Höcke is also accused of using the slogan at an AfD event in Gera, Thuringia, in December 2023. He is said to have spoken the first part “Everything for” himself and used gestures to encourage the audience to shout “Germany”. Shortly before the start of today’s trial, the court separated the charges in this case from the case in Merseburg. Court spokeswoman Adina Kessler-Jensch said this. The reason for this is that Höcke’s defenders changed at short notice.

What does Höcke say about the allegations?

Höcke explains that he did not know that “Everything for Germany” was an SA slogan. Rather, the AfD politician recently spoke of a “common saying”. In a television duel against the Thuringian CDU top candidate Mario Voigt, he defended his choice of words and explained that he had ultimately translated former US President Donald Trump’s slogan “America First” into German in a freely interpreting way.

Is Höcke’s argument credible?

According to the assessment of Bastian Wierzioch from the MDR investigative team There is evidence that Höcke may have acted intentionally. On the one hand, it is a double indictment – so Höcke is accused of two facts of the same nature. Höcke is also a former history teacher at a high school in Hesse, which suggests that he might know a little more about German history.

On Platform They aimed to “prevent Germany from finding itself again,” said Höcke. This criticism could be another indication. Because anyone who defended themselves like that would have actually known that it was an SA slogan. These statements by Höcke at X could therefore also become relevant in court.

How does Höcke deal with the process?

Höcke is trying to give the impression that he is being unfairly persecuted. On the Internet he complains about alleged political persecution and alleged suppression of freedom of expression. At X, the AfD politician invited everyone to come to Halle to get an idea of ​​the rule of law in Germany. Höcke apparently wants to use the process as a stage.

What happens at the start of the process?

It can be assumed that the indictment will be read out on the first day of the trial. Höcke then has the opportunity to comment on the allegations himself or through his defense attorney. Höcke’s lawyer from Erfurt told the German Press Agency that a spontaneous decision would be made as to whether he or his client wanted to comment on the allegations.

What would be the consequences of a conviction?

Such acts are punishable by a prison sentence of up to three years or a fine. Celebrity status does not change the normal criminal process. Four days of trial are initially scheduled in the trial against Höcke.

However, a conviction could actually have an impact on the current state election campaign in Thuringia – where Höcke is running as the AfD’s top candidate. If he is sentenced to at least six months in prison in Halle, the court could also deny him the right to vote and stand for election for a period of time. The basis for this is Section 92a in conjunction with Section 45 in the Criminal Code, said a spokeswoman for the Halle Regional Court. That would mean: Höcke could not run for the election in September.

Whether Höcke will actually be convicted and what the sentence would be is completely unclear.

Collaboration by Bastian Wierzioch, Lars Wohlfarth and Felix Fahner, MDR