Large-scale raid, accounts blocked and the website of the "Last Generation" confiscated. Criminal law expert calls this action a "symbol" – which is more familiar from the USA.
Kassel – The police and public prosecutor's office have launched a complex operation against the activists of the group "Last Generation". 15 apartments were searched in seven federal states, including that of Carla Hinrichs. There were no arrests. As part of the raid, the authorities confiscated the domain of the "Last Generation" and redirected users to a website of the Bavarian police. A criminal law expert speaks of FBI methods.
Because, on the Internet, there was a hint that described the climate group as a "criminal organization". However, there is only an initial suspicion. In the meantime, the banner has been changed. The Munich Public Prosecutor's Office admitted that it had made a mistake. There is talk of a misunderstanding. However, it is a mistake that raises questions in the eyes of lawyers.
Website of the "Last Generation" confiscated – "We only know it from the FBI"
"We only know this from the FBI, which seizes pages and illegal provenance. This is then prominently placed and displayed," said criminal lawyer Matthias Jahn from Goethe University in Frankfurt on ZDF "heute live". This is a "symbol" that should be communicated here, "which we actually only know from American criminal law."
Website of the "Last Generation" confiscated. Criminal lawyer Matthias Jahn talks about FBI methods on ZDF "heutelive". © Screenshot/Youtube/Screenshot Website "Last Generation"
In his opinion, the seizure and the affirmation of an initial suspicion are essentially aimed at ensuring that it is not seriously assumed that activists would have to answer to a state security chamber.
"It's about the great cutlery of the Code of Criminal Procedure"
Prof. Matthias Jahn from Goethe University in Frankfurt
"It's about the big cutlery of the Code of Criminal Procedure," says the lawyer. Measures permitted by the Code of Criminal Procedure, such as telecommunications surveillance, eavesdropping, online searches, or house searches.
"This is supposed to create a certain climate," Jahn said. And in this climate, activists should be prevented from continuing to be active as we have experienced in recent months. This could have something to do with prevention. However, these are not tasks of criminal proceedings, the expert explains.
Seizure of the website and banners on the Internet an election campaign maneuver?
According to Prof. Matthias Jahn, the "striking action" with the confiscation of websites and the banner on the Internet could also possibly be seen with upcoming election campaigns. The anger of some citizens at the "climate glue" is great. Blockages boil up emotions. Motorists are already dragging even climate activists off the road by the hair.
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Whether the "Last Generation" can be classified as a criminal organization within the meaning of the German Criminal Code § 129 StGB is controversial and has not been clarified in court. This is also evident in the debate on the ZDF program "heutelive" (here on YouTube).
Criminal law expert Mark Zöller of the Ludwig-Maximilians-University of Munich said at tagesschau.de: "Everything else is pure pre-conviction and incompatible with the neutrality and objectivity requirements applicable to state agencies."
By the way: The website letztegeneration.de was confiscated, but there is now a new website under the domain letztegeneration.org. (ml)