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Anti-Socialist Law (October 21, 1878)

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§ 21. Whoever commits one of the acts prohibited by §§ 17, 18, 19 without knowledge of the prohibition, but after the notification of the prohibition in the Reichsanzeiger (§§ 6, 12) is to be punished by a fine not exceeding one hundred and fifty marks.

The same punishment applies to those who act in violation of a prohibition under § 16 after the publication of the prohibition. The concluding provision of § 20 applies.

§ 22. In addition to the punishment of imprisonment, in case of a condemnation for acts in violation of §§ 17 to 20, a further judgment may be rendered as to the admissibility of a limitation of their right of residence against persons who make a business of the agitation for endeavors described in § 1, par. 2.

On the basis of this judgment, the residence of a condemned person in certain districts and localities may be forbidden by the State Police Authority, only if, however, the condemned person has not resided in his place of legal residence for a period of six months. Foreigners may be expelled from the Bundesgebiet by the State Police Authority. Appeal to be permitted only to the Supervising Authority.

Acts in contravention are to be punished with imprisonment from one month to one year.

§ 23. Under the conditions described in § 22, par. 1, innkeepers, barkeepers, persons carrying on a retail business in brandy or liquors, book publishers, booksellers, librarians in lending libraries and proprietors of reading rooms, may, in addition to imprisonment, be forbidden to continue their business.

§ 24. The State Police Authority may withdraw the license for the professional or non-professional public distribution of publications, as well as the license for an itinerant trade in publications from persons who make a business of furthering the endeavors described in § 1, par. 2, or who have been legally sentenced to punishment on the basis of the provisions of this law.

Appeal is permitted only to the Supervising Authority.

§ 25. Whoever acts in contravention of a judgment pronounced under § 23 or of a decision decreed under § 24 is punishable by a fine not exceeding one thousand marks, or by arrest or imprisonment not exceeding six months.

§ 26. A Commission is to be formed to decide upon the appeals in the cases of §§ 8, 13. The Bundesrat elects four of its own members and five from the highest courts of the Reich or the individual Bundesstaaten.

The election of these five members is for the period of the duration of this law, and for the period in which they hold judicial office.

The Emperor [Kaiser] appoints the chairman and his representative from out of the number of the members of the Commission.

§ 27. A quorum of the Commission consists of five members, of whom at least three shall belong to the judicial members. Before a decision on an appeal is given, the appellant is to be afforded the opportunity to plead in support of his motion either verbally or in writing. The Commission is empowered to collect evidence in the fullest scope, and particularly through sworn witnesses and experts, and to collect evidence through a demand upon an authority of the Reich or of the states of the Reich. With respect to the obligation to testify as a witness or as an expert, as well as with respect to the punishment to be inflicted for disobedience, the laws of judicial procedure of the locality where the Commission sits, or where the government official called upon resides, obtain. The decisions are based upon free judgment [freiem Ermessen] and are final.

In other respects, the Commission’s conduct of business is to be regulated by rules prescribed by itself, which are subject to the approval of the Bundesrat.

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