As was reported several times yesterday, the Munich Regional Court is said to have recently classified the Last Generation as a criminal organization. [1] However, this is one Misinformation. It is correct that the Munich Regional Court only confirmed the initial suspicion in the decision cited and thus denied the illegality of individual investigative measures. The original resolution is available to our legal team.
It is still far from clear whether the Munich Public Prosecutor's Office will be successful with its accusation of criminal association (§129 StGB) against the Last Generation. At the moment it is not even clear whether charges will be brought. The investigation is still ongoing.
In Neuruppin, Brandenburg, things are a little further along. The public prosecutor's office there has announced that it will bring charges under Section 129 of the Criminal Code against five Last Generation supporters this year. The ensuing process would most likely take several years and instances.
Even if the legal clarification as to whether the accusations against the Last Generation will stand is far from complete, they are already having a political and social impact. That also criticized Prof. Dr. Matthias Jahn, judge at the Frankfurt am Main Higher Regional Court in his recently published specialist article “The Blind Spot”. Citizens will think very carefully about the extent to which they will continue to exercise their basic rights to freedom of expression (Art. 5 GG), freedom of assembly (Art. 8 GG) and freedom of association (Art. 9 GG) with regard to climate policy if supporters of the Become the target of raids last generation.
“The high-profile criminal prosecution of members of the “LG” as participants in a criminal organization may have deterred a large number of citizens from becoming members, supporting them or organizing themselves for climate protection.”, So Jahn in the article verbatim. [2]
People are restricting themselves in their basic rights and their political participation because they are intimidated by the persecution and prejudice of the last generation. The actions against the last generation are already damaging our democracy. Even if the charges under Section 129 of the Criminal Code ultimately turn out to be groundless.
[1] www.zeit.de/gesellschaft/zeitgeschehen/2023-11/last-generation-landgericht-muenchen-kriminell-klimaprotest
[2] verfassungsblog.de/der-blinde-fleck-2/