Encrochat: Constitutional complaint failed
1. August 2025
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March 05, 2018 /
In February 2017, two young men, 24 and 26, caused an accident in which one person lost their life. Both were convicted of murder by the Berlin Regional Court. At the time, they sped through several red lights at speeds of up to 170 km/h. The older man hit a 69-year-old man who drove his car into the intersection when the light turned green. The Berlin judges were of the opinion that both had acted with ‘complicity and conditional intent’ – the car was their murder weapon. The convicted men lodged an appeal and the case was presented to the highest German criminal judges.
The BGH judges already expressed their doubts about the intent to kill during the hearing. They overturned the murder verdict of the Berlin Regional Court. The reason for this was that the Berlin Regional Court could only base the accusation of murder on ‘retrospective intent’ and did not sufficiently examine whether the speeders acted negligently. Such a possibility exists if they hoped for a good outcome to their actions out of fear for their own lives.
Furthermore, Marvin N., whose car had not collided with the accident victim’s jeep, should not be punished as an accomplice, according to the BGH. The agreement to race was not sufficient for this. Rather, both would have to decide to kill together and then carry out the act ‘in a division of labor’.