BGH ruling: Moers speeding trial must be heard for the third time

The BGH also overturned this judgment in part, as there were contradictory considerations of evidence regarding the offender’s intent. The intent of the perpetrator, the so-called inner side of the crime, had not been presented without contradiction. In essence, this concerns a conditional intent to kill, which the Regional Court denied, and a conditional intent to endanger within the meaning of Section 315d (2) StGB, which was affirmed.

Problematic in the eyes of the Federal Court of Justice: The conditional intent to kill was denied, as the defendant did not have the certainty that a collision with the crossing traffic would not occur. However, the conditional intent to endanger was affirmed on the assumption that he had expected a collision. For the judges in Karlsruhe, this was an error of law, which is why the case is now before the Duisburg Regional Court.

The case law on illegal car racing, especially if people are fatally injured, has changed considerably in recent years. While in the past, offenses of this kind were usually punished as administrative offenses, it has been clear since the so-called “Kudamm racers” that car racing can be considered a criminal offense, in this case even as murder or attempted murder.

The case from Berlin, which Dr. Höchstetter also reported on, is still highly controversial among legal experts, as the question of whether the perpetrator’s excessive speed in the city center at least constitutes a conditional intent to kill, which would justify a conviction for murder. In addition, Section 315d of the German Criminal Code now also provides for a prison sentence of up to two years for anyone who organizes or participates in an illegal car race or who drives at “inappropriate speed and in a grossly disorderly and reckless manner in order to achieve the highest possible speed”. With increasing danger to other people, up to ten years’ imprisonment is possible. There is sometimes criticism that it is not clear what the “highest possible speed” means.

These points of contention are one of the reasons why regional courts, such as those in Berlin or Kleve, are unable to reach a clear verdict or why appeals by the defense or public prosecutor’s office are successful, meaning that the BGH often has to deal with a case several times.

The course of the accident

The court rulings in detail

The error of law found explains

Illegal car racing with fatal consequences in case law