Illegal car racing: not a trivial offense, but a serious criminal offense

Calculator: What is the penalty for illegal street racing??

short& scarce: Illegal car racing in Germany

Since 2017 are the participation, organization and execution of illegal street races according to § 315d StGB punishable by law. Up to now it was still an administrative offense.

The range of punishment for corresponding acts varies between a fine and up to ten years in prison.

In addition Additional penalties such as driving bans or the revocation of the driver’s license may be imposed on the defendant.

What punishment can result from illegal car racing??

Trigger for the criminal law reform: a tragic accident after illegal car racing in Berlin

Trigger for criminal law reform: a tragic accident after illegal car racing in Berlin.

In recent months and years, there has been an increase in reports of tragic accidents caused by illegal car racing. Injured or killed were thereby mostly uninvolved third parties.

A particularly prominent case was that of two young speeders who, in the February 2016 with up to 170 km/h over the citizens of Berlin Ku’damm shot and disregarded several red lights in the process. One of the speeders crashed into a jeep that was about to enter the intersection when the light turned green. The 69-year-old driver of the jeep was killed in the process.

Contents of this guide

Ku’damm racers broke the camel’s back

The public prosecutor’s office in Berlin was willing to set a special example and brought charges against the two drivers who had apparently engaged in illegal street racing, for the murder of. The court already followed the request twice, but the Murder verdict still not legally binding.

It remains to be seen whether the opinion can prevail, that also vehicles are to be recognized as murder tools. In particularly serious cases, this could also lead to murder charges in the future following fatal crashes as a result of illegal racing.

However, the case attracted so much attention, that also the policy saw itself forced to act, because a significant problem was revealed: Illegal car racing was previously only considered a traffic offense. However, the fines, although high, apparently did not have a sufficient deterrent effect on hp junkies. A reassessment was therefore due.

Since 2017, illegal racing has been considered a criminal offense under Section 315d of the Criminal Code (StGB). Thus, should such a race be discovered, high fines and even prison sentences of up to ten years are threatened. These punishments threaten thereby both participants and organizers of such car races and executing persons.

Not only illegal car racing punishable!

It is not always an illegal race when a driver races through inner cities and along highways at excessive speeds. And the police are not always able to prove that this was the case. For this reason, an additional formulation was introduced in § 315d StGB, which also recognizes a criminal offence when, if only individual road users behave in a correspondingly reckless manner and disregard traffic regulations.

According to Section 315d (1) (3) of the StGB, persons can also be punished with a fine or imprisonment of up to two years who “moving as a motor vehicle driver at an inappropriate speed and in a grossly irregular and reckless manner in order to achieve the highest possible speed”, but not racing themselves.

Illegal street racing: Possible secondary penalties

Illegal car racing: Whether accident or not, sometimes severe penalties await those involved

Illegal car racing: Whether an accident or not, severe penalties await those involved in some cases.

In addition to fines and imprisonment, convicted speeders can, with the amendment to the StGB, also be given further sanctions to come. In particular, the following secondary penalties are possible:

    up to six months or revocation of driving license
  • 2 to 3 points in Flensburg (depending on whether driving ban or driving license revocation was determined)
  • Confiscation of the vehicle being driven, provided it is not the property of another person

If a crash occurs as a result of a car race, the perpetrator can also be prosecuted for civil claims result (damages, compensation for pain and suffering).

(33 ratings, average: 4,64 of 5)

Like this post? Please share to your friends:
Leave a Reply

;-) :| :x :twisted: :smile: :shock: :sad: :roll: :razz: :oops: :o :mrgreen: :lol: :idea: :grin: :evil: :cry: :cool: :arrow: :???: :?: :!: