Court sees Last Generation as a criminal organization

Court sees Last Generation as a criminal organization
Gluing for the climate is not understood by everyone.
Image: Private/Last Generation Austria

The purpose and activities of the association were aimed at committing crimes, the court’s Criminal Protection Chamber decided in a decision published on Thursday. As justification, the court referred, among other things, to blockades of roads and airports by climate activists of the “last generation”.

With the decision, the court rejected ten complaints from climate activists against searches and seizures approved by the Munich District Court as unfounded. They no longer have any further legal remedies. The regional court decided that the “Last Generation” met the requirements of an association because, according to previous investigations, it represented a long-term association.

In order to assess that the purpose of the association is to commit crimes, it is not a requirement that this must be the main purpose in order to be classified as a criminal organization. It is sufficient if the commission of crimes is one of possibly several purposes.

Significant threat to public safety

In the specific case of the “Last Generation”, this included the coercion of road users, particularly through sticking them and damaging property, as key defining purposes for the group. According to the court, these acts also pose a significant threat to public safety.

With regard to the disruption and blockages of the operations of various airports and concerted actions to interrupt the flow of various oil pipelines, the court ruled that the crimes could not be assumed to be insignificant either. Therefore search warrants are legal.

Social discourse violated by illegitimate means

The court emphasized that social discourse is violated through illegitimate means when a group tries to place itself above the rule of law and democratic processes – possibly in a morally superior manner. The court emphasized that crimes are not a means of free, democratic, constitutional discussion, but rather an expression of criminal energy and as such should be assessed soberly from a legal perspective.

The decision was made in connection with an investigation by the Munich Public Prosecutor’s Office against numerous members of the “Last Generation”. In these proceedings, they are accused, among other things, of forming a criminal organization. The Munich District Court issued several search and seizure orders in May. The regional court has now confirmed the requirements for issuing the search warrants.

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