Serial offenses in Italy
Recently, several news channels reported on a"Robin Hood of speeders". An article on n-tv said: "Italians celebrate 'Fleximan', the avenger of speeders". [1] The story is about a series of incidents in Italy in which unknown individuals used a "Flexi" saw to saw off fixed speed cameras, and many Italians expressed sympathy for the acts. The series of crimes began in May 2022 on country roads in the Veneto region. By February 2024, a total of around 20 speed camera systems, including red light detectors, had already been attributed to the unknown person or persons throughout northern Italy. On social media, the "Fleximan" has become a secret hero. Fines in Italy are comparatively high compared to Germany.[2] There are about twice as many stationary measuring systems on Italy's roads (more than 11,100) than in Germany. In Italy, the serial property damage that results from such behavior has even sparked a debate about the point of speed limits. In Italy, such crimes are punishable by two to five years in prison. The offense is "damage to a state computer system."
Vandalism of measuring equipment in Germany
In Germany, too, there are repeated reports of vandalism at speed measurement systems.[3] In addition to property damage with spray paint and pickaxes, there have even been reports of the use of firearms[4] and explosives[5] to blow up speed cameras.
The amount of damage caused by such criminal acts is usually considerable, since the value of such measuring systems quickly exceeds 200,000 euros. There have also been convictions in this country for comparable crimes, without there having been a comparable series here.
Relevant criminal offenses
The Higher Regional Court of Braunschweig[6] ruled that setting fire to a speed measurement system is "only" simple property damage according to § 303 StGB. The offense of § 306 para. 1 no. 2 Var. 2 StGB was not fulfilled, since a speed measurement system is not a technical device and no public danger is associated with such an act. Nor could a conviction be handed down in the qualified case of malicious damage to property (Section 304 of the German Criminal Code), because a speed measurement system is not an object that is set up for public use. This only applies to objects that can be assumed to be of direct use to everyone through their existence or use. This is not the case with speed measurement systems. The BGH [7] dealt with the question of whether, in addition, criminal liability under § 316b I No. 3 StGB comes into consideration. The court affirmed this, stating that a speed measurement system is an independent system that serves public order or safety. Accordingly, anyone who prevents or disrupts the operation of a facility or system that serves public order or safety by destroying, damaging, removing, modifying or rendering unusable an object that serves the operation of the system, or by withdrawing the electrical power intended for the operation of the system, is liable to prosecution.
Often, the perpetrators have been photographed shortly before by the stationary measuring system. In this regard, the Higher Regional Court of Braunschweig had examined the offense of attempted suppression of technical recordings (Section 274 (1) no. 1 var. 2, (2) of the German Penal Code (StGB)), but ultimately denied it. The thwarting of the state's claim to a fine is not a disadvantage within the meaning of this provision.[8] Thus, for such offenses, there is a penalty expectation of up to five years imprisonment.
If criminal proceedings are initiated against you, you should definitely seek the help of a Lawyer specializing in traffic law.
[1] https://www.n-tv.de/panorama/Italiener-feiern-Fleximan-den-Raecher-der-Raser-article24741535.html dated 15.2.24.
[2] Fromm, SVR 2023, 447 ff.
[3] "Vandalism on the road - when anger over speed cameras escalates" dated 05.04.2021
https://www.t-online.de/nachrichten/panorama/id_89781248/vandalismus-wenn-der-aerger-ueber-den-blitzer-eskaliert.html
[4] "Hennef hunter smashes speed camera." February 24, 2004
https://ga.de/region/jaeger-aus-hennef-schiesst-einen-starenkasten-kaputt_aid-40069323
[5] "Unknown persons blow up speed cameras – These are the penalties that await the perpetrators" dated 20.22.23, https://www.focus.de/wissen/blitzer-gesprengt-unbekannte-sprengen-blitzer-diese-strafen-drohen-den-taetern_id_249433825.html
[6] Judgment of October 18, 2013 – 1 Ss 6/13, BeckRS 2014, 1103.
[7] NJW 2021, 3266; a.A.: OLG Stuttgart NStZ 1997, 342.
[8] BGH StraFo 2011, 23.
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.