Whether the Last Generation constitutes a criminal organization is controversial among lawyers. © Imago
Although investigations are ongoing, the Last Generation is recording record revenues. But donors could even be prosecuted retrospectively. Above all, it depends on the time of the donation.
Cologne – The last generation is constantly occupying the German judiciary. On Tuesday, for example, the climate activists caused a stir at the Sylt airport. They sprayed paint on a private jet and glued themselves to its wings. The police resolved the situation, no one was injured. As is so often the case, the investigation is ongoing.
Apart from this individual case, the overarching question arises: Are the last generation people who are only committed to a better world to the best of their knowledge and belief – or are they a criminal organization? Or both? This question is controversial among lawyers. The renowned constitutional law expert Friedhelm Hufen came to IPPEN in his assessment. MEDIA on the verdict: No, the Last Generation is not a criminal organization. But the Munich public prosecutor's office is investigating seven alleged members of the group on exactly this suspicion.
Last generation: Donors are "walking on thin ice from a legal point of view"
How courts ultimately decide this question is not only relevant for the last generation itself. Because: If the worst comes to the worst, it could also be tight for donors. "If the Last Generation is a criminal organization, membership, activity and also support are punishable by law. This clearly includes donations," says Volker Erb, Professor of Criminal Law at the University of Mainz. Would that also apply retrospectively – i.e. you donate now and the classification of the last generation as a criminal negation will not be confirmed by the courts for another year? "Under certain circumstances, yes," says Erb. "From a legal point of view, you are walking on thin ice and risking prosecution."
The key point is: What could donors know about the last generation and when? At this point, a distinction must be made between a world before the nationwide raids and a world after. If people donated before the raids, Erb is sure "that they could be defended very well against the allegations." Now this is no longer the case. Erb: "The public prosecutor's offices have clearly indicated that they are investigating on suspicion of criminal organization. This has been widely reported, so you have to assume that donors know that."
Erb can't quite understand why this is only happening now. "I and some colleagues are already wondering why public prosecutors have been so hesitant so far. One explanation, of course, would be that there is a fear that additional criminalisation will only incite activists to even more radical actions." In fact, immediately after the raids, the activists recorded a flood of donations. They raised more than 300,000 euros over two days.
Proceedings against donors of the last generation too much effort?
Donating is one thing, actively participating is another. Erb advises against the latter and suggests joining legal forms of protest such as Fridays for Future. "I would strongly recommend not to participate in the actions of the Last Generation," says the expert. "This is clearly criminal conduct. The massive interventions in road traffic are clearly coercion, also taking into account the case law of the Federal Constitutional Court."
How legal theory then becomes lived practice, however, is written in the stars. "So far, the penalties have been in the lower range, and it will be no different for donors," says Erb. "Whether the courts can afford the administrative burden of prosecuting anyone who donates 100 euros now also seems doubtful to me." In addition, it is questionable how long it will take. "Until the first indictments are filed, the first verdicts are available and this is decided at the level of a higher regional court, it will certainly take many more months."
