Criminal association?: Charge against five climate activists

The Munich General Prosecutor’s Office has charged five members of the former last generation for suspected the formation of a criminal association. A corresponding notification of the group itself was confirmed by the Munich General Prosecutor’s Office in Munich when asked. A spokeswoman did not comment on the specific allegations in the indictment.

Whether the process will occur, the Munich II District Court will now decide until a final conviction, the presumption of innocence applies.

A spokesman for the Munich I Regional Court did not comment on the case on request. In such cases, specific information is usually only common in such cases after all accused have been proven to be informed directly about an indictment.

Nationwide raid caused a sensation

A nationwide raid of the investigators in this case triggered severe criticism and argument in court in May 2023. At that time, 170 police officers had searched 15 objects in seven countries. Under the leadership of the Bavarian Central Office to combat extremism and terrorism (ZET) and the State Criminal Police Office in the Free State, the group’s website was also temporarily switched off. Instead, the sentence was briefly emblazoned: “The last generation represents a criminal association in accordance with Section 129 of the Criminal Code.” After criticism, the hint was quickly removed.

Bavarian investigators also listened to a telephone connection of the group, which was still the last generation, which was used, among other things, as a press contact – which in turn had caused criticism from journalist associations, among other things. Courts in Munich ultimately assessed the raid and the listening campaign as largely lawful.

Not the first indictment of its kind

It is not the first indictment against members of the group because of the allegation of forming a criminal association. In Neuruppin in Brandenburg, for example, the public prosecutor has brought a corresponding charge against five members. It is about attacks against plants of the PCK oil refinery in Schwedt in northeastern Brandenburg, against the capital airport Ber and the Barberini Museum in Potsdam in the period from April 2022 to May 2023. However, it was still open according to the Potsdam District Court.

The Bavarian case had come into focus, especially because of the methods of investigation. Climate Protection Minister Robert Habeck (Greens) described the nationwide search action as “completely absurd”. The human rights organization Amnesty International called the investigation a “very serious gun” and an “attack on the right to peaceful protest and civil society”.

If convicted, long prison terms are threatened

The accusation of the formation of a criminal association can not only mean more drastic steps during the investigation. In the event of a conviction for this accusation, the ringleaders threaten up to five years in prison, in some cases even up to ten years.

For this purpose, it would have to be demonstrated, among other things, that the purpose or activity of the last generation was aimed at the commission of crimes that can be punished with up to two years in prison. This also includes coercion – one of the main allegations in the controversial and now largely set street blocks.

What was the purpose of the last generation?

According to the Criminal Code, another condition would be that crimes by climate activists are not only “a purpose or an activity of minor importance”. This is exactly the case, Carla Hinrichs, former spokeswoman for the group, argued after the raid. “As a group, we are primarily geared towards clarifying society about the climate crisis.” According to the group, Hinrichs is one of the accused.

After the indictment was raised, Hinrichs was quoted in a message from the group: “What do you do when everything is at stake? You get together and try to raise alarm!” You will now be charged. “We should be peacefully protested should be convicted of killing the bad news, for the insistence on justice and for not being alone. Is that fair?”