The massive protests by farmers on German streets, especially in 2024, against the elimination of agricultural diesel subsidies also have a criminal traffic component. Although demonstrations are generally protected by the constitution, freedom of assembly according to Article 8 of the German Basic Law is one of the most important fundamental rights for democracy.
Coercion in road traffic according to § 240 StGB
However, not every protest action is protected by the Basic Law. If, for example, roads are blocked, this may constitute coercion in road traffic according to § 240 StGB of the farmers involved. Anyone who unlawfully coerces a person to act, suffer or refrain from acting or suffering by using force or threatening serious harm is punishable under Section 240 I of the German Penal Code (StGB).
Freedom of assembly according to Art. 8 GG
However, coercion would also have to be reprehensible. Coercion is not reprehensible if the freedom of assembly under Article 8 of the German Constitution justifies the behavior. Even when blocking highway on-ramps, farmers can, under certain circumstances, invoke freedom of assembly, provided that a gathering of tractors on the highway on- and off-ramps was registered (in a timely manner).
In summary proceedings, the Higher Administrative Court of Berlin-Brandenburg ruled (decision of January 6, 2024 – OVG 1 S 3/24) that the farmers could also block the freeway access roads for hours. In Brandenburg, too, there was initially an interval requirement. According to this, the access had to be "released every 30 minutes for 30 minutes". However, the German Farmers' Association successfully challenged this requirement. Nevertheless, emergency vehicles of the police, fire brigade, ambulance service, towing companies and road maintenance services must be allowed to pass. Drivers do not necessarily have to use the highway and can reach their destination on other roads. The demonstration participants do not have to fear criminal prosecution in these cases, even if such protest actions lead to kilometer-long traffic jams and massive traffic obstructions. In addition, criminal proceedings were initiated against motorists who wanted to avoid the blockades and hit demonstrators in the process. Furthermore, the chairman of the meeting risks criminal liability under the law on assemblies if he violates the conditions imposed.
Dangerous interference with road traffic according to § 315b StGB
Other forms of protest include blocking roads with dung heaps or burning straw or hay bales. Farmers who are responsible for this risk punishment for dangerous interference with road traffic according to § 315b StGB. These obstacles are particularly dangerous for motorists on German motorways. The criminal offense of § 315b StGB represents a massive traffic offense and is by no means a trivial matter, especially since it can also result in the revocation of a driver's license in accordance with § 69 StGB. If police presence leads to further conflict with farmers, criminal proceedings may be initiated for acts of resistance against law enforcement officers (Section 113 of the German Criminal Code), for example if demonstrators break through police barricades.
Use of motorways by tractors
According to § 18 I StVO, motorways may only be used by motor vehicles whose maximum design speed is more than 60 km/h. Tractors are therefore not normally allowed on German motorways. Anyone who uses them anyway risks a warning fine of €20 for unregistered demonstrations, No. 78 BKat.
If criminal or summary proceedings are initiated against you, you should definitely seek the help of a Lawyer specializing in traffic law.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.