Crushing (sabotage technique)
Gravels (more rarely Entschottern ) is the removal of stones from the superstructure of railway tracks with the goal of making the track impassable. The term goes back to the anti-nuclear power movement , in which this sabotage technique is used to make it more difficult to transport nuclear waste by rail. The gravel is cleared in groups as large as possible over a long distance either by hand or sitting on the rails with the feet.
Jurisprudence discusses various criminal offenses that can be fulfilled by gravel according to German law. German courts have issued several judgments for requests for gravel.
Goal setting
The aim of gravel is to make it difficult or even to prevent the transport of nuclear waste by rail. Activists argue that they do not want to derail the heavily watched and protected trains loaded with castors , but rather to make the transports as expensive as possible through the necessary measures such as police operations, repairs and re-ballasting.
history
Corresponding actions were carried out for years. When the black and yellow Merkel II cabinet pushed for an extension of the service life of German nuclear power plants after the 2009 Bundestag election (as announced before the election) , there was a call from 850 nuclear power opponents, including some members of the Bundestag and Landtag on the left . In 2011, Charlotte Roche and Bela B. publicly supported gravel.
In the wake of the Fukushima disaster of March 2011, the anti-nuclear movement experienced a resurgence; Since Chancellor Merkel's nuclear policy change through the nuclear moratorium and the Bundestag's exit decision on June 30, 2011, public discourse has subsided.
Assessment of the protection of the constitution
A number of radical left groups such as the Interventionist Left and the Free Workers' Union have launched the “Castor? Schottern! ”And in 2010 mobilized around 7000 participants. According to the 2010 report on the protection of the constitution , the “anti-nuclear movement” does not represent an original left-wing extremist field of action and is therefore of secondary importance for left-wing extremists.
Legal evaluation
In the legal literature, several criminal offenses are discussed, according to which gravel is punishable: disruption of public operations ( § 316b StGB), dangerous interference in rail traffic ( § 315 StGB) and in individual cases and, if necessary, subsidiary damage to property ( § 303 StGB).
In 2011, the public prosecutor's office in Lüneburg initiated investigations into suspected disruption of public operations and property damage, in particular the destruction of buildings ( Section 305 StGB).
In 2010 and 2011, preliminary proceedings were also carried out against the signatories of an appeal entitled “Castor? Schottern! ” Initiated by the public prosecutor's office in Lüneburg because of a public request to commit criminal offenses ( § 111 StGB ). The 1,500 signatories of the call for gravel in 2010 and the first in 2011 were offered the option to discontinue the procedure with the requirement of a donation of 50 euros.
Convictions
On March 15, 2012, a man who had signed an Internet appeal in support of the gravel was sentenced to a fine of 15 daily rates for publicly calling for criminal offenses by the Lüneburg District Court. On April 9, 2013, Member of the Bundestag Jan van Aken was sentenced to a fine of 2250 euros, on April 23, 2013 MPs Sevim Dagdelen (2250 euros) and Inge Höger (4500 euros) were sentenced to a criminal offense under 316b StGB. Christel Wegner , the former DKP member of the Lower Saxony state parliament , was sentenced to pay 750 euros. The left-wing member of the Bundestag Diether Dehm was sentenced in May 2013 to a fine of 2250 euros.
Web links
Individual evidence
- ^ "Castor gravel" - Hamburg Left Vice Vice: "Civil disobedience at the time". Hamburger Abendblatt Online, October 18, 2010, accessed November 30, 2011 .
- ^ "Castor gravel" has prominent support , NDR, November 6, 2011.
- ^ A b "Castor Schottern" - atomic enemies tweet about the attack , Die Welt , October 18, 2011.
- ^ Federal Constitutional Protection Report 2010, pp. 149, 153, 199 (PDF; 4.3 MB) ( Memento of May 10, 2012 in the Internet Archive ).
- ↑ Butzer, in: Epping / Hillgruber (ed.), Beck'scher Online Comment GG, Edition 1, Art. 46 GG Rn. 12.3
- ↑ Linck, Protest actions against Castor transports and the applicable law, ZRP 2011, 44
- ↑ Roland Kazimierski: Press release from the public prosecutor's office in Lüneburg on “Castor? Schottern! ” Lüneburg public prosecutor's office, November 11, 2011, accessed on November 30, 2011 .
- ↑ Gigantic Aktenberg Martin Kaul on taz.de, January 4th 2012th
- ↑ Court condemns "Schottern" supporters. Now is stuttered. In: taz. March 15, 2012, accessed March 15, 2012.
- ^ Judgment of the Local Court of Lüneburg from March 15, 2012, file number 13 Cs 5103 Js 10317/11 (17/12)
- ↑ Fine for gravel call. In: taz. April 23, 2013.
- ^ Anti-nuclear protest: Left-wing politicians convicted of calling for "gravel"
- ↑ Anti-Castor protest: Left-wing politicians convicted of calling for "gravel". In: Spiegel Online . May 21, 2013, accessed June 9, 2018 .
