faq
In seven federal states, investigators have raided “last generation” climate activists. The main accusation is “formation of a criminal organization”. That’s the legal background.
What is the reason for the raids?
The Munich public prosecutor’s office is currently investigating seven members of the “last generation” aged between 22 and 38. In this case, the charge of “forming a criminal organization” or supporting such an organization is in the air. In addition, two of the accused are suspected of having tried to sabotage the Trieste-Ingolstadt oil pipeline.
The searches were carried out by the Bavarian State Criminal Police Office (LKA) and other LKAs. According to the Bavarian authorities, the goal was to find evidence of the membership structure of the “last generation” and “further clarification of their financing and the confiscation of assets”. In the course of the raids, two accounts were also confiscated and an asset arrest carried out. According to the Bavarian authorities, the “last generation” has collected at least 1.4 million euros in donations. A large part of this was used to finance the commission of criminal offences. There were no arrests during the searches.
How does the law define a criminal organization?
According to the law (Section 129 of the Criminal Code), a criminal association exists when at least three people join forces for a certain, longer period of time in order to commit specific crimes together. The purpose of the association must therefore be aimed at committing criminal offences. And: This purpose must not only be of secondary importance in the association.
Lay requirements for a criminal organization before?
Today’s searches have not yet determined whether the “Last Generation” is a criminal organization. If the accusation should eventually end up in court, there will certainly be intensive discussions about the purpose of the group. It would then have to be clarified: Isn’t the purpose of the “last generation” rather to attract attention and thus ultimately save the climate? And are the crimes then perhaps more of a means to an end or a necessary evil, in the end an end of only secondary importance? On the other hand, climate activists are well aware that they are committing crimes. For example, the coercion of road users by sticking themselves to the road.
Several courts have convicted members of the “Last Generation” of coercion. The activists repeatedly emphasize that they will continue with their protest and will not be deterred by fines. So that could well be the purpose of the “Last Generation” – even if the group wants to achieve a broader purpose with it.
In order to constitute a criminal offence, the association must also pose a significant threat to public safety. One can certainly discuss this point as well. The public prosecutor’s office in Neuruppin has been investigating suspected formation of a criminal organization for some time. She had apartments searched in December 2022. The public prosecutor’s office in Berlin has so far rejected investigations into this fact. She says the crimes in question are not material. But that is exactly what is needed. The question of whether the “Last Generation” is a criminal organization or not is therefore complex and its content has not yet been finally clarified. Ultimately, the courts must decide.
Which does ______________ mean account seizure and asset arrest?
The Attorney General’s Office says that an association was set up specifically to collect donations for the “last generation”. This raised at least 1.4 million euros. Because the money was mainly used to finance crimes, it was the means of the crime. That’s why the accounts – put simply – were frozen. Exactly how much money the investigating authorities confiscated in this way was able to be determined by the Munich Public Prosecutor’s Office when asked ARD legal department not say. That has to be evaluated first. However, since some of the money collected has already been used, according to the Attorney General’s Office, it can be assumed that the amount confiscated from the accounts does not account for the entire amount donated.
What can be concluded from the searches?
The first requirement for a search is the probability that a crime has already been committed. That’s what the Attorney General’s office assumes. Searches may then be carried out, for example, to find certain pieces of evidence. Searches must be ordered by a judge. He or she therefore checks whether these requirements are met at the time. But that still says little about whether the crimes really exist and what the blame lies with the individual climate activists. This will only be clarified after a possible indictment in a court proceeding.
Why were there no arrests?
There were no arrests during the searches. A prerequisite for pre-trial detention is, on the one hand, an urgent suspicion of a crime. There must therefore be a particularly high probability that the accused will be convicted in later criminal proceedings. There must also be a so-called reason for detention. This is the case, for example, if the suspect is at risk of absconding. These high hurdles were not met here.