(1) Whosoever within the Federal Republic of Germany as a ringleader or hinterman, maintains the organisational existence of

1.  a political party which has been declared unconstitutional by the Federal Constitutional Court; or

2.  a political party, which the Federal Constitutional Court has determined to be a surrogate organisation for a banned party, shall be liable to imprisonment from three months to five years. The attempt shall be punishable.

(2) Whosoever is an active member in a party indicated in subsection (1) above or whosoever supports its organisational existence shall be liable to imprisonment not exceeding five years or a fine.

(3) Whosoever contravenes a decision on the merits of the Federal Constitutional Court issued in a proceeding pursuant to Article 21(2) of the Basic Law or in a proceeding pursuant to section 33(2) of the Law on Political Parties or an enforceable measure imposed in execution of a decision on the merits issued in such proceedings, shall be liable to imprisonment not exceeding five years or a fine. A proceeding pursuant to Article 18 of the Basic Law shall be the equivalent of the proceedings indicated in the 1st sentence of this subsection.

(4) In cases under subsection (1) 2nd sentence and subsections (2) and (3) 1st sentence above the court in its discretion may mitigate the sentence (section 49(2)) or order a discharge in the case of accomplices whose guilt is minor and whose participation is of a minor nature.

(5) In cases under subsections (1) and (3) 1st sentence above the court in its discretion may mitigate the sentence (section 49(2)) or order a discharge if the offender makes a voluntarily and earnest effort to prevent the continued existence of the party; if he achieves this goal or if it is achieved regardless of his efforts the offender shall not be held liable.