Citizens in Bavaria can be detained for up to two months as a precautionary measure to prevent criminal offences. In view of the climate protests of the “last generation”, the police union is now also in favor of nationwide preventive detention. It is necessary to agree on the same standards.
The police union (GdP) advocates nationwide preventive detention against climate activists based on the Bavarian model. “The preventive custody is an effective instrument of the legal mandate to avert danger,” said union boss Jochen Kopelke to the editorial network Germany.
According to the Bavarian Police Duties Act, people can be detained for up to two months on the decision of a judge in order to prevent a serious administrative offense or a criminal offence. Kopelke criticized the “lack of coordination between the states with a view to averting danger” and at the same time emphasized the need to agree on the same standards.
The protest group “Last Generation” is currently making headlines with blockades or attacks on works of art. She wants to draw attention to climate change. After protests in art museums, Federal Minister of Justice Marco Buschmann announced that he would consider tougher penalties. The FDP politician told the “Bild am Sonntag” newspaper that his ministry would closely monitor how the judiciary dealt with the attacks on cultural treasures. “If I come to the conclusion that the legal framework is not sufficient, I will act. I will have my house checked carefully to see whether we have a legal deficit here.”
At the beginning of November, Buschmann told the “Bild”: “Anyone who throws works of art can be punished for damage to property. A road blockade can be punished as coercion. And if ambulances are slowed down, criminal liability for negligent bodily harm can also be considered.” In addition to fines, the law also provides for imprisonment in certain cases. These laws also need to be enforced.
