Montag, 18.01.2021
Intent in illegal vehicle race resulting in death
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
E-Mail:
Illegal vehicle races are currently occurring with alarming frequency on Germany's roads. As recently as October 2020, the media reported again on an illegal street race on the BAB 66 in Hesse that ended fatally, in which two Lamborghini drivers and a Porsche driver were allegedly involved. The article deals with the threat of imprisonment and whether even a life sentence is possible if an uninvolved driver is killed.
Illegal motor vehicle races according to § 315d paragraph 1 StGB
According to § 315d I StGB, anyone who organizes or carries out an unauthorized motor vehicle race (no. 1), participates as a motor vehicle driver in an unauthorized motor vehicle race (no. 2), or as a driver of a motor vehicle, moves at a speed that is not appropriate and in a manner that is grossly contrary to traffic regulations and reckless in order to reach the highest possible speed (no. 3). A race would be fulfilled in the first two cases only if there were at least two participants competing to achieve maximum speeds with vehicles, with a winner being determined.
Race with a fatal outcome
In the much-publicized judgment of June 18, 2020 in the "Berlin speedster case," the Federal Court of Justice (case reference: 4 StR 482/19) has now convicted a defendant of murder. In the decision, the Federal Court of Justice had to determine whether the defendant acted intentionally in relation to the death of another person or only negligently. It decided in favor of the former. The defendant had approved of the unmitigated head-on collision that occurred with a vehicle crossing from the right. The decision has been heavily criticized in some quarters because it implies that the defendant acted with intent and must actually have wanted an accident to happen. Unfortunately, there is a whole range of different decisions. Other courts have only assumed negligence in comparable cases, which contributes to legal uncertainty. What remains is the highly deterrent effect of such judgments. Whatever the final sentence of the perpetrator may be, court rulings condemning murder make it abundantly clear that a life sentence is at least a serious possibility.
Aggravation of punishment for illegal car race resulting in death
The current version of Section 315d (5) of the German Criminal Code (StGB) provides for a penalty of up to ten years imprisonment if the death of another person has been caused by the offense. Under this provision, the offender or participant only has to act negligently with regard to the death. Of course, a conviction for murder under § 211 StGB is also possible, so that the perpetrator may still be sentenced to life imprisonment. The problematic question of intent in the case of murder has not yet been resolved for the future, but it has been slightly mitigated.
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.