FAQ
Status: 12/13/2022 8:33 p.m
In several federal states, investigators have raided climate activists of the “last generation”. The accusation is “formation of a criminal organization”. That’s the legal background.
What is the reason for the raids?
The searches can be traced back to several actions by the group “Last Generation” in April and May 2022. Climate activists had at least tried several times to interrupt the flow of oil from the Brandenburg refinery PCK Schwedt by turning off valves and sticking or chaining themselves to the refinery’s systems .
The public prosecutor’s office is investigating these specific acts against several people for disrupting public services, damaging property and trespassing.
In addition, there are suspicions that a criminal organization has been set up. Or membership in one. It is therefore not a question of who committed which crimes specifically. Joint foundation or membership in the association is sufficient for criminal liability.
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 criminal offenses together. The purpose of the association must therefore be aimed at committing criminal offences. And: This purpose must not be of secondary importance.
Are there any prerequisites for a criminal organization?
With today’s searches, it is by no means clear whether the “Last Generation” is a criminal organization. If the accusation should end up in court at some point, there will certainly be intensive discussions about the purpose. Isn’t the purpose of the “last generation” more 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, i.e. in the end an end of secondary importance?
On the other hand, climate activists are well aware that they are committing crimes. They also emphasize again and again to keep going and not to be deterred by penalties. 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.
What can be concluded from today’s searches?
The first requirement for a search is the probability that a crime has already been committed. That’s what the public prosecutor’s office assumes. Searches may then be carried out, for example, to find certain pieces of evidence. Searches must be ordered by a judge, so he checks whether the 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 and that was also rather remote. A prerequisite for pre-trial detention is, on the one hand, an urgent suspicion of a crime. There must therefore be a 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. The crimes at issue here are said to have been committed in April and May. This alone shows that there seems to have been no attempt to flee. On the contrary, the “last generation” announced today that they would not be deterred by the searches.
How is it different from a terrorist organization?
It is important to distinguish between the criminal organization and the terrorist organization. A terrorist organization is designed to commit specific serious crimes, such as murder or manslaughter. For other criminal offences, these must be intended to significantly intimidate the population or to impair the basic structures of the state. The terrorist organization is not in the room here.