> But being imprisoned without having committed a crime is very unlikely to be considered a fault of the employee.

I would (without being a lawyer and without having a case to cite) suspect that in those cases it would be considered to be the fault of the employee. In many, if not all cases, they had prior arrests, indictments and some were even found guilty, yet announced further blockades. I guess to a judge, that should make it their fault.

> Your work contract or collective bargaining agreement may modify or specify where this paragraph is applicable.

That might very well be the case, since actually many protesters are being employed as protesters: https://www.stern.de/gesellschaft/letzte-generation--so-viel...