In the German state of Bavaria, dozens of people are in 'preventive detention' because they might otherwise engage in climate protests, specifically around the car industry exposition IAA in Munich.
Apparently possible for a month there...
https://www.zeit.de/gesellschaft/zeitgeschehen/2023-09/letzte-generation-bayern-praeventivhaft-gewahrsam
I can’t read German, but we have a similar legal system in the Netherlands.
Most likely, these people committed some crime during a previous protest, such as illegally entering private property or vandalism. Often they will get sentences that are conditional.
If there is evidence to believe they are conspiring to commit a similar illegal act, then the conditional part of the sentence gets triggered.
Nope, it’s actually only that the police has reason to believe that they might commit a crime.
No need for them to be prior offenders or anything. The police can arrest anyone at any time if they believe you might commit a crime. And even comparatively minor things like blocking traffic counts.
It doesn’t sound like it. Conspiracy means there’s documented evidence of a plan and motive to commit a crime. This doesn’t seem like it meets that standard.
Thanks. I have no clue about German law. Oddly even though America has a large German population historically, our laws are based on English, French and Spanish laws.
It’s really something for the lawyers but it could be considered “Nötigung” (§ 181 StGB) and/or “Gefährlicher Eingriff in den Straßenverkehr” (§ 315b StGB).
Pretty sure if it’s in the StGB it’s a “crime” (Straftat).
In English, at least for the US, there are typically only misdemeanors and felonies, and both are crimes. There are also violations, but those are usually civil, not criminal (parking tickets, for example).
Yeah, in English (in the US, generally) we’d call that a civil violation. Or a civil action where a lawsuit is brought by a private citizen, like suing someone for damaging your property. It’s against the law, but probably not going to be prosecuted by the government.
I can’t read German, but we have a similar legal system in the Netherlands.
Most likely, these people committed some crime during a previous protest, such as illegally entering private property or vandalism. Often they will get sentences that are conditional.
If there is evidence to believe they are conspiring to commit a similar illegal act, then the conditional part of the sentence gets triggered.
Nope, it’s actually only that the police has reason to believe that they might commit a crime.
No need for them to be prior offenders or anything. The police can arrest anyone at any time if they believe you might commit a crime. And even comparatively minor things like blocking traffic counts.
Feels like a half assed Minority Report plotline.
“Okay, so what cool plot idea do we use to determine who might commit crimes?”
“IDK, just anyone maybe? People who use the internet?”
Same way I look for weed in illegal countries; find hippies and dreadlocks.
Is this similar to a conspiracy charge?
It doesn’t sound like it. Conspiracy means there’s documented evidence of a plan and motive to commit a crime. This doesn’t seem like it meets that standard.
Thanks. I have no clue about German law. Oddly even though America has a large German population historically, our laws are based on English, French and Spanish laws.
Well they did identify themselves as members of a group that publicly announced it would continue to commit crimes.
Well, no. Blocking traffic is no crime. It’s just a misdemeanor (Verwaltungsübertretung).
It’s really something for the lawyers but it could be considered “Nötigung” (§ 181 StGB) and/or “Gefährlicher Eingriff in den Straßenverkehr” (§ 315b StGB).
Pretty sure if it’s in the StGB it’s a “crime” (Straftat).
In English, at least for the US, there are typically only misdemeanors and felonies, and both are crimes. There are also violations, but those are usually civil, not criminal (parking tickets, for example).
Sorry, mistranslation. I meant violations. Over here we only split into violations and crimes.
Violations cover most things done with a car/in traffic without actively harming someone.
Yeah, in English (in the US, generally) we’d call that a civil violation. Or a civil action where a lawsuit is brought by a private citizen, like suing someone for damaging your property. It’s against the law, but probably not going to be prosecuted by the government.