- The Chancellery is smeared: climate protester fined
After a color attack on the Federal Chancellery about two years ago, a 49-year-old was sentenced to a fine of 3,500 euros. The Local Court of Tiergarten found the climate protester guilty of property damage. The man had painted the southeast wing of the building with black paint during an action by the climate protest group "Letzte Generation". His actions were not justified, and there was no state of necessity to justify them, the presiding judge explained.
The 49-year-old is said to have acted with another man during the action on June 23, 2022. The damage was only removed through costly cleaning and partial repainting of the wall. The court had initially issued a penalty order for property damage, according to which the 49-year-old was to pay a fine of 2,000 euros (50 daily fines of 40 euros each). The man filed an appeal against this.
The Local Court has now imposed a fine of 100 daily fines of 35 euros each. The defendant was "not really repentant", the presiding judge stated. She could not see that he had understood that "it could have been done without throwing paint". The public prosecutor had called for 60 daily fines. The defense had demanded acquittal.
The defendant appeared in person on the second day of the trial and said that he had "participated in measures of peaceful civil disobedience". At the beginning of the trial two weeks ago, the proceedings were conducted without the 49-year-old. His defender, David Hölscher, explained on the sidelines of the first session that his client could not afford the trip from Munich.
The 49-year-old was one of the participants in a climate hunger strike between March and mid-June this year. He went on hunger strike for over 90 days in protest. He has already been convicted for several actions of the "Letzte Generation".
In June 2023, he received a fine of 1,800 euros (120 daily fines of 15 euros each) in Berlin, which is not yet legally binding. There are still several pending cases against his client, his lawyer said. In Berlin, the number is in the lower double-digit range. Three convictions for fines imposed by courts in Bavaria have already become final. The lawyer has already announced an appeal against the recently issued verdict.
The 49-year-old decided to challenge the initial fine of 2,000 euros at the Court of First Instance, citing his intent for peaceful civil disobedience. Despite the damage being significant, requiring costly cleaning and repainting, the Court of First Instance ultimately increased the fine.
