How is it possible that climate activist Martha Krumpeck has been sentenced to prison in Germany, while in Austria she is not even threatened with criminal prosecution for climate blockades? The ‘Krone’ asked lawyer Sascha Flatz and criminal law expert Alois Birklbauer.
Blocking traffic through a climate blockade leads activists in Germany, unlike in Austria, to criminal courts: if convicted, the activists even risk jail time. This is what happened in the case of Martha Krumpeck, the famous co-founder of the Last Generation in Austria. She was sentenced on Monday to a month in Frankfurt. And stabbed himself in the courtroom in protest.
In Germany: passive concept of violence
But why are traffic blockades that cause chaos 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.
Attorney Flatz for changing the law
The “Krone” also asked lawyer Sascha Flatz in “Quite Simple”: “In Austria there is fundamental freedom of assembly. This means that if people sit down somewhere, they are usually allowed to stay there. The police then come onto the street and break up this meeting. Then the climate changers must leave the meeting. If they do not do this, they are subject to prosecution under administrative law, but not under criminal law,” he explains, “but in Germany the crime of coercion has been satisfied.” In Austria, however, the condition is the use or threat of physical force.
Flatz is in favor of a change in the law: “Keeping yourself on the street and thus stopping traffic should also be coercion for us. “So that appropriate action can be taken against these people,” he said.
The Ministry of Justice believes that administrative fines are sensible
The Ministry of Justice states that administrative criminal law “generally offers more targeted and faster sanction options”.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
