Skip to content

Federal Supreme Court (BGH): No murder charge for Inner City Speeder

Right decision - Even if it hurts, speeders do not act with the intent to kill.

In its ruling of March 1, 2018, the Federal Supreme Court overturned the decision of the Berlin Criminal Court, which had come to the verdict that the killing of a completely innocent road user in a car race was carried out with intent.

Participants in such races will regularly be young men (I haven't heard of women yet) and usually display rather weak self-confidence or their general interconnection of synapses in the brain is underdeveloped.

They are not murderers! The BGH (Federal Supreme Court) has rightly pointed out that a murderer usually does not want to kill himself. Racing in city centres at 170 km/h is undoubtedly life-threatening, but not only for the innocent bystander but for the driver himself, too. So, since the driver does not want to kill himself, one must assume in his favour that he hopes that there will be no fatal accident. Therefore the driver hopes - legally speaking - for a lack of success in the attribut-ed crime, i.e. Killing. For himself and everyone else!

The legislator has effectively anticipated the BGH (Federal Supreme Court) decision and introduced the new ยง 315 d into the Criminal Code that stipulates, that participation in an illegal race can be sanctioned with a penalty of up to 10 years - without the need for a fatality. So: Idiots should be severely punished, but they're not murderers!

Back to overview