Demos even hinder rescue operations
Autobahn blockades: Can I simply carry climate demonstrators away?
Bernd Weibbrod/dpa/archive picture Demonstrators block a street in Stuttgart and provoke long traffic jams
Site expert Michael Winter
A small group of climate demonstrators keeps blocking streets. Drivers are annoyed – some help themselves, carry the demonstrators away. Can you do that? And the blockers have to expect consequences if someone is damaged by them?
So -called seat blocks on streets and highways are currently increasing, in which demonstrators are stopping traffic and some of them even stick to the asphalt. The question arises more and more often whether such things are legal and what you can do about it. I therefore want to classify the whole thing from a legal perspective.
As early as 2011, the Federal Constitutional Court decided that seat blocks in principle a peaceful gathering of several persons to the shared, participating in public opinion formation, which as such in the protection area of the fundamental right of freedom of assembly (ART. 8 Basic Law) fall.
Subscribe to the auto newsletter here
Insider reports, tests, guides, videos, backgrounds: Every week she provides Site with the most important news from the Auto department. Here you can subscribe to the newsletter very easily and free of charge.
Climate demos: Where the freedom of assembly ends
This protection ends in principle if there is a so -called collective non -fermentation at the assembly, which, according to the Federal Constitutional Court, is only given by the fact that third parties are hindered, these disabilities are also wanted and not only accepted.
Carsten Koall/dpa/symbol image Climate activists protest against food waste.
According to the Federal Constitutional Court, the (passive) seat blockade has no longer been regarded as a coercion in the criminal sense since 1995 – it stated that violence in the sense of the compulsory paragraph requires physical compulsory influence.
The Federal Court of Justice then reached a trick and developed the so -called. “Second series case law”.
According to this, a participant of a seat block has violent violence as soon as the first vehicle is that he is (and on whose driver is only exercised after the case law) at least one more car is prevented from continuing.
Carsten Koall/dpa A policeman sweeps food from the street during a earlier blockade by climate activists.
According to the perspective of the Federal Court of Justice, the vehicles in the front row then form a physical barrier for the vehicles from the second row – the concept of violence of the physical coercion required by the Federal Constitutional Court is therefore fulfilled in the sense of the coherence paragraph. The Federal Constitutional Court understandably had to deal with the case law of the Federal Court of Justice again, but blessed it as expressly constitutional in 2011.
Care, hook and resist against the police
There is also a coercion using violence if participants of a seat block took measures that go beyond the pure presence, for example by chains, hook or actively resist.
In my opinion, this also includes the popular sticking to the road in Berlin. In this respect, the way for criminal proceedings for coercion is opened at least once.
About the expert
Attorney Michael Winter studied Jura in Tubingen and has been working in traffic law since 1989. As a lecturer at the Baden-Wurttemberg University of Applied Sciences, his experience also conveys in the scientific field. The company “WHW Seminar & Service” he founded has been training a four -digit number of road users under the company motto since 2001 through interactive seminars: “Knowledge helps” in the areas of “traffic safety and traffic law”. Since the beginning of the diesel scandals, Winter has also been complaining to several German automobile manufacturers together with its cooperation partners, including Volkswagen.Click here for the site expert world
Interior Minister warns: lateral thinkers do not disappear with pandemic
Spot on News Interior Minister warns: lateral thinkers do not disappear with pandemic
Carry away demonstrators? Only the police can do that
However, annoyed road users often use self -help and try to remove demonstrators from the roadway. Regardless of the fact that they usually go back to the road immediately, this is definitely not allowed and can lead to reporting due to assault. This type of self -initiative is not covered by self -defense – also self -help or emergency in the sense of the BGB.
A seat block can only be found with the police or the official effect. the regulatory authority can be dissolved.
This requires a so -called dissolution order, which must be announced to the participants with a request to remove themselves.
Ozdemir sharply criticizes Autobahn blockers: "Damage to our common goal"
Site/Wochit Ozdemir sharply criticizes Autobahn blockers: "Damage to our common goal"
Water cannons and tray use allowed
If the participants of a seat block refuse this, the seat blockade can be carried away by means of the so -called "immediate compulsion" or can be dissolved by using trimming sticks or water cannons.
If a demonstrator provides active resistance, this usually leads to an advertisement due to resistance to enforcement officers.
What are the consequences of the blockers?
Depending on the design of the blockade, however, it must be asked whether this does not realize a dangerous interference in road traffic (§315 b StGB).
In a judgment from 1995, the Federal Court of Justice did not see such a fact on the road, but in my opinion, every individual case was to be checked separately.
Video shows moment of terror: activist plunges into the Munich arena with paraglider
Site/Wochit Video shows moment of terror: activist plunges into the Munich arena with paraglider
A dangerous interference in road traffic is usually “when preparing an obstacle”, that is, in any case, in any case, on the street body, which is suitable to inhibit or endanger the smooth traffic process.
The fact of the dangerous interference in road traffic is a so-called concrete risk offense, D. H., that through the act A concrete danger to public security, as well as for the body and life of people or things of the mean value (from 750 euros upwards) must exist.
Example of this is unfortunately the stone throwing of a motorway bridge, which is still still observing in individual cases.
Absid campaign of climate activists from Autobahnbrucke – A7 at Fulda closed
East Hesse News Absid campaign of climate activists from Autobahnbrucke – A7 at Fulda closed
Did not let climate blockers go through a heavily pregnant woman?
In our cases, for example, enter blockers with a large traffic gap, for example, clearly visible the road or sit on the pedestrian festival at green pedestrian lights, there is no specific danger.
According to media reports, for example, emergency vehicles should not have been left through. High waves also hit the case of a heavily pregnant woman who had to be escorted to the hospital in Berlin by the police. It is currently being checked whether the motorway exit affected by a seating block was the reason for the police operation – so we wait for the result and the reaction of the investigative authorities.
Energy transition: Why now bird protection officers for wind power plants are also expressing themselves
Bavarian radio Thanks to the latest camera technology: Energy transition: Why now also bird protection officers for wind power plants
Synthetic fuels How the Federal Government prevents climate sprit as an electrical alternative Site Climate frit should come: We will soon refuel all…
417 km/h on the highway After a crazy Bugatti race: Even without a speed limit, not everything is allowed Bit projects Billionaire races with 417 km/h…
Why green is not a sure -fire success No money for gasoline? Drive Tesla! The great climate error of the parties Jens Kalaene/DPA central picture/dpa…
Automated driving on the highway Minister of Transport taps SMS at 130 km/h, the police do not intervene. Read why Site/Wochit Minister of Transport…
E-fuel and biofuels The CO2 eaters: Climate sprit is supposed to compete with electric cars dpa/Jan Woitas Biogas system of Verbio AG. Site author Carl…
Protests against A49 Serious accident due to anti-motorway demo: are demonstrators liable for this? On Tuesday afternoon, a worse accident occurred on…
drive Drangler and Schleicher: How to react correctly if necessary on the highway dpa / Marcus guide Punishment for urban: If you keep a distance to the…
Electric gate, round two Controversial climate balance of e-cars: the air burns in the scene of scene pixabay E-Mission instead of emission-KIT professor…
Discussion about CO2 goals Tempo 80 on motorways, every 14 days driving ban: How the Greens want to adhere to the climate goals Cattle man Collection…
VDI examines ecological balance until the end of life Study makes it clear: E-cars are no better for the climate than combustion engines Cattle man Happy…