After the acquittal, the public prosecutor's office appealed

– For the first time, the Karlsruhe Higher Regional Court is dealing with the last generation –

14.02.2024, 07: 30 clock – In November 2022, the Freiburg District Court acquitted a Last Generation supporter for participating in three road blockades in February 2022. The court ruled that in the present cases it was not reprehensible to use peaceful, unannounced gatherings to draw attention to the climate crisis and the need to stop CO2 emissions. The Freiburg public prosecutor's office filed an appeal against the verdict.

Over a year later, on February 20.02.2024, XNUMX, the appeal hearing will take place at the Karlsruhe Higher Regional Court. This is the first time in Germany that a higher regional court has dealt with the traffic blockades of the last generation in an oral main hearing.

The Karlsruhe Higher Regional Court is limited to checking the judgment for legal errors. In its judgment, the Freiburg District Court carried out a very comprehensive assessment of individual cases. It was taken into account there that although car drivers were significantly restricted in their freedom of movement, this was proportionate in the three specific individual cases. And that despite the up to 18 km of traffic jams that resulted. 

The reason for this was, among other things, that the demonstrations were not for just any topic, but for climate protection, which is highlighted as a state goal in the constitution (see Article 20a GG). The fact that the stopped drivers are direct addressees and actors of the mobility transition called for by the meetings also played a role in the assessment. The full judgment is available at: 

The decision of the Karlsruhe Higher Regional Court in the appeal proceedings could be groundbreaking for thousands of cases against supporters of the last generation across Germany. 

Attorney Gröbmayr, which defends the acquittal against the appeal of the Attorney General's Office, says: “It is high time that the outstanding importance of freedom of assembly under Article 8 of the Basic Law is again given due consideration by the higher courts and that the criminalization of those who courageously and committedly work to preserve all of our livelihoods, as Article 20a of the Basic Law demands, is stopped Climate activists will be put to an end."

that in the Press release from the Karlsruhe Higher Regional Court from February 08.02.2024th, XNUMX, from a “Glueing Activists“-case was spoken and the district court verdict was presented in a very negatively distorted way Grobmayr However, with great surprise and concern, note: 
"One can only hope that the general media and lobby-driven agitation against climate activists does not obscure the court's view of the legal questions that need to be examined objectively.", like that Attorney Gröbmayr.

The Backing for an Active Civil Society (RAZ) eV association, which is overseeing the proceedings at the Higher Regional Court, is in contact with professors of criminal and constitutional law. Please contact the press contacts below for relevant inquiries to these experts. 

Dates on February 20.02.2024, XNUMX:

from 09:00: Last generation vigil in front of the Karlsruhe Higher Regional Court

from 10:00: Start of the appeal hearing, meeting room 1, Karlsruhe Higher Regional Court, Hoffstrasse 10, 76131 Karlsruhe

from 14:00: Protest march of the last generation through Karlsruhe (starting point: Nottinghamanlage)

Important hints:

The Last Generation supporter, whose acquittal has been appealed by the public prosecutor, asks the press not to publish his personal data. The proceedings on February 20.02.2024, XNUMX are not about him personally, but rather solely about clarifying fundamental legal questions of general importance.