Proposals have been forwarded by the Commission to both the Council and the Council.
Daniel Born, a former Vice-President of the Landtag in Baden-Württemberg, is facing potential legal and financial repercussions after drawing a swastika next to the name of a far-right AfD legislator on a ballot. The act, classified as a criminal offense under German law, could lead to up to three years in prison or a fine.
Born, who has been a member of the state parliament since 2016, has served for eleven months, making him eligible for eleven months of transition pay. If he serves the full legislative period, he could receive an additional month of transition pay.
Transition pay, a monthly contribution for old-age provision, is currently 2,169 euros taxable for each member. Any member who has served at least one year in the state parliament will receive a minimum of three months of transition pay, amounting to 9,322 euros taxable for the first year in the state parliament.
Born's resignation from his leadership role and departure from his party's faction are indicative of the reputational and political damage he has suffered. Despite this, he has not forfeited his seat in the parliament as of the latest information.
The lifting of immunity for Born's case would be a mere formality and does not require a vote from the Landtag. The Public Prosecutor's Office would only need to inform the Landtag President of initiating investigations.
If convicted of a crime with at least one year imprisonment, Born's mandate could potentially be withdrawn. However, this is not a common occurrence, and there are only a few cases in which an MP's mandate can be withdrawn.
In addition to the potential criminal charges, Born could also face political fallout, including loss of leadership roles and party membership, though he remains a parliamentarian. If fined, he would also face financial consequences.
It is important to note that using symbols of unconstitutional and terrorist organizations is not a crime but a misdemeanor, and has no consequences for Born's seat in the state parliament.
Born will no longer be a member of the state parliament after the state election on March 8, 2026. The exact consequences he will face remain to be seen as the investigation into the incident continues.
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Policy-and-legislation discussions may arise regarding the potential financial consequencesDaniel Born could face if found guilty of drawing a swastika next to a fellow legislator's name. As a former Vice-President of the Landtag, Born's actions are considered a political misdemeanor, and if fined, he would face financial repercussions. Also, in the realm of general-news coverage, one could anticipate updates on Born's ongoing case, including crime-and-justice developments and political fallout.
