21.02.2024, 7: 30 – After a 1,5-hour hearing, the first oral decision by a higher regional court on the Last Generation protests was issued yesterday. After an acquittal in Freiburg in autumn 2022, the public prosecutor's office appealed. The court decided: The Freiburg district court must hear again. However, the Higher Regional Court did not reject possible acquittals in this and similar proceedings. The process was watched with great interest and was accompanied by a vigil, solidarity supporters, and a subsequent protest march.
A supporter of the Last Generation campaigned for a food-saving law at three road blockades in Freiburg in February 2022. He was acquitted for this in November 2022. “The purpose of making drivers aware of the daily traffic load caused by rush hour traffic and CO2 emissions is directly related to the blockade […]”, the judge at the time explained his decision. [1]
Since the public prosecutor's office had appealed against the verdict, the case was heard today at the Higher Regional Court in Karlsruhe. The verdict was eagerly awaited: people from Berlin, Leipzig, Stuttgart, Freiburg, Rhine-Neckar, Darmstadt, Ulm, Konstanz and Karlsruhe gathered in front of the Karlsruhe Higher Regional Court from 9 a.m. to support the defendant. The trial began with music, singing and introductory speeches from supporters of the Last Generation, the Legal Aid Association RAZ eViG. and Amnesty International accompanied. The media interest was great.
After about 1,5 hours, the judges announced their decision: The entire case will be referred back to the Freiburg district court. The public prosecutor's appeal was upheld and additional findings should be made on the effects of the individual blockades.
Prof. Dr. Yeast flour, Professor of Criminology and Criminal Law at the University of Freiburg, explains the verdict: "The decision of the Karlsruhe Higher Regional Court is neither groundbreaking nor wise. It does not even show itself willing to show its true colors and continue the increasingly absurd jurisprudence on the so-called sit-ins. It simply shifts responsibility away from itself. The hope: another department of the Freiburg District Court will please decide in the same way as the majority of the district courts on the second attempt.". [2]
Zoe Ruge, managing director of RAZ eViG, who defended the acquittal before the Freiburg district court, made a similar statement: "Today, the Higher Regional Court failed to take a clear position and to deal with the background of the blockades. Instead of asking in detail what the relationship is between Article 20A of the Basic Law (protection of our livelihoods) and Article 8 of the Basic Law (freedom of assembly), it went into detail about the impossibility of a decision due to a lack of information.
Although the aim pursued was to 'put it into context in an evaluative way', a political assessment of the content of the protest would not be in order. That is disappointing, as today would have been an opportunity to appreciate a vibrant civil society."
Afterwards, the court explained to the press that this no rejection of possible acquittals but only corrections are necessary for a substantive decision.
In the afternoon, 50 supporters of the Last Generation took part in an announced two-hour protest march through Karlsruhe city center. The defendant stated at the final rally: “The protest must continue: in courtrooms, with the politicians responsible and at the sites of destruction. For the future of all of us, for more justice!”
[1] openjur.de/u/2461049.html
[2] strafrecht-online.org/archiv/artikel/2024/2/20/directional-wise-decision-real