“Last Generation” protests: “It is a criminal act of coercion”

Created: 04/11/2022 15:37

By: Moritz Serif

A member of the group "Last Generation" sits in a blockade on the street.

© Paul Zinken/dpa/Archive

Justice Minister Buschmann warns demonstrators against prison sentences.

Two law professors give a legal assessment.

Berlin/Mannheim – The “last generation” wants to draw attention to the climate catastrophe.

Their means: civil disobedience by means of protest by sticking.

Mostly this happens on freeways.

traffic jams occur.

But even in Finance Minister Lindner's office, the protesters have already stuck.

Justice Minister Marco Buschmann had therefore issued a warning.

A road blockade can be classified as a punishable coercion.

"In addition to fines, our laws also provide for imprisonment in certain cases," said the Minister of Justice.

Is that really the case and is it a common occurrence for a federal minister to make public statements and are demonstrators actually committing a criminally relevant coercion?

The

IPPEN.MEDIA asked two law professors for an assessment.

Professor Doctor Ralf Müller-Terpitz, Chair of Public Law, Economic Regulation Law and Media at the University of Mannheim, sees nothing unusual in Buschmann's statements.

“Last Generation”: Protest may be punishable as coercion

"The Minister of Justice is commenting on a question of general public interest and correctly points out in principle that this form of protest can be punishable as coercion within the meaning of Section 240 of the Criminal Code," says the lawyer.

At the same time he is issuing a warning to those who may be planning a similar type of protest.

This also falls within his area of ​​responsibility, according to Müller-Terpitz, who doesn't think much of the protests of the "last generation".

"The fact that the last generation considers these measures insufficient does not give them the right to break the law," explains the lawyer.

For Professor Doctor Martin Heger, Chair of Criminal Law, Criminal Procedure Law, European Criminal Law and Modern Legal History at the Humboldt University in Berlin, the matter is clear: “There is an actual need.

At least the second row of cars is blocked.

The vehicles in the first row become an obstacle for the second row, because people cannot continue with their car,” he says.

However, the lawyer points out that the sticking of sit-ins, about which the Federal Constitutional Court made much-noticed judgments, is different. 

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Coercion of the "Last Generation" might be justified

“By sticking, the body itself becomes an obstacle.

That cannot be solved easily,” explains Heger.

However, the question arises as to whether coercion could be justified in terms of climate protection and whether it is reprehensible at all.

"If it is justified and not reprehensible, the coercion is not punishable," said the lawyer.

Sticking to the road must be in proportion to the purpose of the debate on climate protection as a public concern. 

"The discussion is not new.

As early as the Cold War, we discussed whether the imminent extinction of humanity was an appropriate purpose.

At that time it was already said that this was not possible,” explains Heger.

Demonstrating for peace or for the climate cannot be rated higher than a protest against a sacking.

Both are public concerns. 

Criminal law professor Heger: "It is a criminal coercion"

Ultimately, one could still consider whether a justification because of climate protection, the final catastrophe, would be possible.

“The behavior in no way promotes climate protection.

If ten to 100 people were to overthrow the policies of an elected government, that would be absurd and not democratic,” says the lawyer.

A climate protection law has already been tightened.

"I see it like Minister of Justice Buschmann.

You are not justified and it is a criminal offense.

However, it is important for me to emphasize that the demonstrators are not to blame for the cyclist's death," explains Heger.

(Moritz Serif)