Autobahn blockades: Can I simply carry climate demonstrators away?

Demos even hinder rescue operations

Autobahn blockades: Can I simply carry climate demonstrators away?

Autobahn blockades: Can I simply carry climate demonstrators away?-autobahn
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.

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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.

Autobahn blockades: Can I simply carry climate demonstrators away?-climate
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.

Autobahn blockades: Can I simply carry climate demonstrators away?-simply
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

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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.

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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 (ยง315 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.

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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.

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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.

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11 thoughts on “Autobahn blockades: Can I simply carry climate demonstrators away?”

  1. The word "activist"
    Now trigger an allergy to me. They are not activists. They are terrorists. … With one reason why I cannot take these guys and also their concerns in the form seriously.

    Reply
  2. Privilege of the demonstrators
    Through the Mutlangen judgment u.A. there is an insecure case law and several shelf meters of literature on this topic. For example, demonstrators have received considerable privileges with which they can get road users on their nerves, the fundamental rights of all other appearance to the right to demonstrate.

    Reply
  3. Tighten the mask against Corona
    Pepper spray, bunch and then massage it correct! Then only stop taking the mask again when you are no longer observed!

    Reply
  4. Also a passive attack…
    … Is an attack. After all, such a blockade can also have consequences for the individual. People are usually not out of itching. They should be happy that so far no longer happened. I don’t know how I would behave… If the lid flies away, it can be unbreakable.

    Reply
  5. Activists commit crimes
    I am sorry to glorify these activists ….They commit crimes, necessary citizens and hinder rescue workers and fire brigade and what happens …nothing. It is high time to preserve and impose punishments

    Reply
  6. But that is
    just a letting for people who get too little attention. Basically, in my eyes it is quite poor sausages, which should not prevent the damage caused by you, even time theft is also a damage to have paid accordingly. This form of demonstration is the result of too low penalty payments for such demonstrators.

    Reply
  7. Hmm
    In one picture there are food on the street. If these demonstrators have not started to counteract the waste? Apparently they don’t take it so precisely with their goals. It’s all about attention and rioting.

    Reply
  8. Additional on -board equipment
    Maybe as a driver in Berlin, you should think about the good old stink bombs in the glove compartment. Is available for narrow money and certainly lifts the mood…

    Reply
  9. The bad thing: two dimensions
    If lateral thinkers go for a walk against the revealing fundamental rights restrictions without hindering or attacking someone. If the climate ideologists riot, it is politely asked whether they can be prosecuted if someone is damaged by them. But it is inconceivable that the media now fell as a government spokesman and mostly hit the side of the rulers. Apparently it is a better feeling and is always more convenient than their original function of monitoring the rulers.

    Reply
  10. Just shake your head, but also understanding
    I cannot understand that the activists need the normal citizen through their seat blockade. You should sit down to the Bundestag in front of the access roads and need the politicians. Of course I can understand that Ricarda is long on the activists’ side. I assume that Ms. Lang never took something to eat in her life. If you take a look at the people sitting there on the floor, you can see completely different problems. These people never had a chance. You have to start there.

    Reply
  11. Students & Co.
    on various. Social media is z. B. to read "…that I should rather study, but if I don’t do this, we all die…" In the way – you can definitely find in the network – Site could of course also do as a critical medium.

    Reply

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