Status: 13.09.2023, 05:18 a.m.
By: Moritz Bletzinger
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More and more acts of violence against the "last generation". However, beaters do not go unpunished. Even if in some cases the self-defense paragraph applies.
Munich – In Munich it is a slap in the face, in Mannheim already punches and kicks. Anger against the "Last Generation" is becoming more and more extreme on the German streets. Videos of acts of violence go viral, and almost no one talks about the consequences for the attackers.
Violence against "Last Generation" is on the rise: What punishments are possible?
On the Internet, the attacks are often defended or even praised, and there is talk of self-defense and coercion. But bodily injury is punishable by law. A look at the law code shows that a prison sentence of up to five years is possible.
Brutal attacks on demonstrators are forbidden: Carrying away, on the other hand, is covered by the self-defense paragraph, says lawyer Alexander Betz. © Screenshot/Twitter/Letzte Generation/Kanzlei Stevens und Partner
Going to jail for an attack? This is rather rare, says lawyer Alexander Betz of the law firm Stevens and Partners. "I can imagine that the courts tend to impose fines," says the Munich native, who specializes in criminal law. Perpetrators who have no criminal record do not have to worry about being put behind bars for a slap.
Breaking the climate blockade: Attack with the car leads to a suspended sentence in any case
It is more delicate when it comes to kicks to the head. They are considered life-threatening and are therefore treated quite differently. Just like in the case of an attack with a car. In such cases, the offence goes beyond the so-called "simple bodily injury".
Anyone who runs over an activist will definitely get a suspended sentence, says Betz. The sentence ranges from six months to ten years if no serious injuries occur. "If someone is seriously injured or dies, the penalties are of course much higher," the lawyer adds.
No persecution without a complaint? The public prosecutor's office usually argues itself in the case of demonstration attacks
But: When will the investigation take place at all? As a matter of principle, the "Last Generation" as a group does not file any complaints, explains spokeswoman Carla Rochel, the organization is fighting against the climate crisis, not against the population. When advertisements appear, they are usually more likely to come from passers-by.
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Simple bodily injury is a so-called application offense. "This means that it will only be prosecuted if someone files a criminal complaint," explains lawyer Betz.
The public prosecutor's office can also prosecute an offence itself if it sees a public interest in the prosecution. In the Mannheim case, for example, the police are investigating. This is not uncommon in the case of acts of violence in public. "The authorities don't want people to fight each other in public," Betz explains.
Violence against the "Last Generation" is not self-defense – but when carried away, the paragraph applies
Nevertheless, significant penalties against attackers have been rare so far. The hardest hit was a truck driver who had to surrender his driver's license. What is the truth of the arguments about coercion and self-defense?
"It's not completely far-fetched. You can defend yourself," says Betz about the self-defense argumentation. Because: The road blockades are considered coercion, as the Federal Constitutional Court has already confirmed in the 90s. And German self-defense law states that current attacks may be repelled. "Technically, the blockade is an attack on my freedom of movement."
The big but: Blows, slaps or insults are far from justified. And German law also sees it that way. The means of self-defense must be necessary and suitable. Above all, beatings are unsuitable, according to the legal view: After all, an activist does not disappear from the street after a slap in the face. In addition, it is necessary to choose the mildest remedy that can lead to success.
"You can't beat someone off the street," Betz says. A blockade is not a self-defense justification for beatings. Pulling away, on the other hand, is suitable and therefore legally justifiable as self-defense. However, if the activists are already glued to the street, they should not be pulled away. The palms of the hands could be severely injured. (moe)