calculator: what is the penalty after an illegal street race??
short& scarce: illegal car racing in germany
Since 2017 are the participation, organization as well as execution of illegal street races according to § 315d stgb punishable by law. Until now it was still a regulatory offense.
The range of penalties for such offenses varies between a fine and up to ten years imprisonment.
In addition additional penalties how driving bans or the revocation of the driver’s license can affect the defendant.
What is the penalty for illegal car racing??
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 the number of reports of tragic accidents caused by illegal car racing. Injured or killed were mostly uninvolved third parties.
A particularly prominent case was that of two young speeders who were convicted in the february 2016 shooting down berlin’s ku’damm at up to 170 km/h and disregarded several red lights in the process. One of the speeders crashed into a jeep that was trying to enter the intersection on a green light. The 69-year-old driver of the jeep was killed in the incident.
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Ku’damm speeders brought the barrel to overflowing
the berlin public prosecutor’s office was willing to set a special example and sued the two drivers who had apparently engaged in illegal street racing, for murder of. The court has 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 it showed an essential problem: illegal car racing has so far only been assessed as a traffic offense. The high fines, however, apparently did not have a sufficiently 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 German Criminal Code (stgb). This means that if such a race is discovered, heavy fines and even prison sentences of up to ten years can be imposed. These penalties can be imposed on participants and organizers of such car races as well as on those who carry them out.
Not only illegal car races punishable by law!
It is not always an illegal race when a driver speeds through inner cities and along highways. And the police are not always able to prove such a. For this reason, an additional wording was introduced in § 315d of the stgb, which also recognizes a criminal offense when, if only individual road users behave in a correspondingly reckless manner disregarding traffic regulations.
According to section 315d (1) (3) of the german penal code (stgb), persons can also be punished with a fine or imprisonment of up to two years who "driving a motor vehicle at an inappropriate speed and in a grossly irregular and reckless manner in order to achieve the highest possible speed", but not driving a race himself.
Illegal street racing: possible additional penalties
Illegal car racing: whether an accident occurs or not, sometimes severe penalties await those involved.
In addition to fines and imprisonment, convicted speeders may also be subject to a penalty of further sanctions to come. In particular, the following additional penalties are possible:
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up to six months or revocation of driving license
- 2 to 3 points in flensburg (depending on whether driving ban or license revocation was determined)
- confiscation of the vehicle driven, provided that 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 civil claims result (damages, pain and suffering).
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