Since Monday, nine climate activists have had to answer before the criminal court in Trier (Germany). The mandatory paragraph is interpreted differently in our neighboring country than in Austria.
The Trier Public Prosecutor’s Office in Germany alleges communal coercion and resistance against law enforcement officers. Nine men and women between the ages of 19 and 59 are charged. On June 5, 2022, they blocked traffic on Krahnenufer in protest against a bypass through the forest.
Traffic jam and ambulance blocked
Unlike in Austria, this resulted in the activists being taken to criminal court: drivers were stuck in traffic because of the environmental activists. An ambulance transporting a woman in labor to hospital was also hampered. If convicted, the activists could even face prison time.
In Germany: passive concept of violence
But why are traffic blockades, like those that caused chaos again in Linz, Graz and Innsbruck at the start of school on Monday, a criminal offense in Germany and not here? Passive violence versus physical violence. “Both countries have virtually identical coercive paragraphs,” explains respected criminal law expert Alois Birklbauer, “but unlike ours, there is a passive concept of violence that allows even a peaceful blockade to be interpreted as violence.”
However, in Austria there is a requirement to use or threaten to use physical force. The Ministry of Justice states that administrative criminal law “generally offers more targeted and faster sanction options”.
Source: Krone

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