Trial against AfD politician Höcke: verdict expected

The verdict against AfD politician Björn Höcke is expected at the Halle regional court this Tuesday. The closing statements from the prosecution and defense are still pending. However, the presiding judge had stated that he expected that the verdict could be announced on the last scheduled trial date. Questions about the process:

Why is Höcke on trial?

Höcke is accused of knowingly using a banned Nazi saying in a speech in May 2021 in Merseburg (Saxony-Anhalt). At the end of a 20-minute speech he said: “Everything for our homeland, everything for Saxony-Anhalt, everything for Germany.” The third part of the triad is a forbidden slogan of the Sturmabteilung (SA), the paramilitary fighting organization of the NSDAP. The Halle public prosecutor’s office accuses Höcke of knowing about the origin and meaning of the slogan. He is accused of using the symbols of unconstitutional and terrorist organizations. There have been three days of negotiations so far, starting on April 18th.

What did Höcke say about the allegations?

The politician and former history teacher rejected the allegations in court. On the second day of the trial in April, he said: “I am actually completely innocent.” If he had known what the SA slogan “Everything for Germany” was about, he “certainly wouldn’t have used it,” said the 52-year-old in the hearing room. The video from the election campaign event was shown in court. It had been spread on the Internet. What is controversial is not whether Höcke used the slogan, but whether he knew its meaning.

What can we expect on the fourth day of negotiations this Tuesday?

The verdict is awaited. Before that, the public prosecutor and defense would have to make their pleas with the criminal motions. As always in trials, the defendant also has the opportunity to have a final word. It is not possible to say with certainty how exactly the timing will take place on this day. The trial day begins at 9 a.m.

What punishment is involved for Höcke?

In principle, the punishment range for the accused case provides for a fine of up to three years in prison, according to a spokeswoman for the Halle Regional Court. If the defendant were to be sentenced to a prison sentence of six months, the court could, as a side effect, declare that the defendant would be denied active and passive eligibility and also his ability to hold office. But that seems to be off the table, because the court made it clear at the hearing on April 23rd that the AfD politician would not have to expect a prison sentence, but probably a maximum of a fine.

The AfD politician wants to run as his party’s top candidate in the state elections in Thuringia on September 1st. The AfD state associations in Thuringia, Saxony and Saxony-Anhalt are classified as definitely right-wing extremist by the state offices for the protection of the constitution there. Following a ruling by the Higher Administrative Court in Münster on Monday, the Federal Office for the Protection of the Constitution rightly classified the AfD as a suspected right-wing extremist case. The court confirmed a ruling from the lower court.

What’s next for Höcke legally?

The politician will probably have to return to the dock in Halle because he is said to have used the Nazi slogan again during an appearance in Gera last December. This case was supposed to be part of the current hearing in Halle in the meantime, but it wasn’t. In the speech during a get-together, Höcke is said to have spoken the first part, “Everything for,” himself and used gestures to encourage the audience to shout “Germany.” At this point, the complaint about the speech in Merseburg and the investigation had long been a topic in the media.

The politician, who was born in North Rhine-Westphalia, will also have to answer in court for further allegations: an indictment against him on charges of incitement to hatred was admitted at the Mühlhausen regional court in Thuringia – until recently there were no dates for the trial there.