2023-04-25 13:16:00
According to a media report, the Federal Ministry of Justice wants Decriminalize hit-and-run without personal injury.
According to the plans, the hit-and-run should happen in the future only as an offence and no longer classified as a criminal offense as long as there is property damage but no personal injury. This emerges from the cornerstones of the ministry led by Marco Buschmann (FDP), as reported by the editorial network Germany (RND).
This downgrading “would counteract an undifferentiated criminalization of the person who caused the accident,” according to the RND in the paper.
A spokeswoman for the ministry assured on Tuesday in Berlin: “A decision as to whether and how a possible adjustment will be made has not yet been made.”
It is currently being checked whether there is a need for action on this issue. However, there is still no key issues paper, only a letter from the specialist level of the BMJ to the state justice administrations and professional associations, according to the spokeswoman.
Hit and run: What is the Federal Ministry of Justice planning?
So far, the unauthorized removal of participants from the scene of an accident according to Section 142 of the Criminal Code with a Fine or imprisonment of up to three years be punished.
As soon as there are physically injured people, it is always necessary “to remain at the scene of the accident and to identify yourself as a party involved in the accident,” the paper said, according to RND. This applies “despite the self-accusation associated with the self-report of the accident of an accompanying act that may have been carried out”, such as drunk driving.
Against this background, there are, conversely, “good arguments for refraining from punishing the failure to report the accident in the event of pure property damage,” it said. Because paragraph 142 breaks that Principle of “self-benefit impunity”.
Buschmann wants to report those who caused the accident
Previously, those involved in an accident had to wait a “reasonable amount of time” at the scene of the accident. As an alternative, the Justice Department is now bringing the Establishment of a reporting obligation and reporting office in the game.
“It would be conceivable, for example, to report a standardized online maskif necessary also with images of the scene of the accident and damage to be uploaded, or a damage report to be fixed on the damaged vehicle, which, if carried out properly, would not constitute an act,” it continues.
Reactions to Buschmann’s suggestion
Politicians of the traffic light have the proposal of the Federal Minister of Justice so far sharply criticized. The German Association of Judges, the police union and the General Association of Insurers are also rather skeptical about the move.
The German Association of Judges fears more work and bureaucracy
The German Association of Judges (DRB) opposed such an approach. “From the point of view of judicial practice there is no reasondowngrading unauthorized removal from the scene of an accident in cases without personal injury to an administrative offence, ”said DRB federal manager Sven Rebehn of the AFP news agency.
The plans would not result in any noticeable relief for the criminal justice system.
Sven Rebehn, DRB Federal Managing Director
“The criminal provision has proven its worth and gives the courts sufficient leeway to punish legal violations in a manner appropriate to the offense and to blame.” It is also “to be feared that the willingness to wait or report after accidents would further decrease as a result of the planned reform”.
According to Rebehn, Buschmann’s plans would hardly bring any noticeable relief to the criminal justice system. “It would probably come to the courts even more work too‘ he warned. “The cases are prepared today by the public prosecutor’s office and to a large extent settled by hiring,” he explained.
“In the future, the regulatory authorities would issue a fine in case of doubt, which many of those affected would then certainly have a court review.” far more procedures end up with the competent district courts, according to the DRB boss.
Police: The inhibition threshold for hit and run could decrease
The police union also reacted rather skeptically to Buschmann’s initiative. “It would be fatal if a partial downgrading to an administrative offense could give the public the impression that Hit and run would be a trivial offense“, said the deputy GdP federal chairman Michael Mertens of the “Augsburger Allgemeine”.
“It must not be the case that those who caused the accident are downgraded to an administrative offence the inhibition threshold to escape from the scene of the accident decreases‘ said the police union official.
For the possibility of future accidents about a standardized online mask with images from the scene of the accident On the other hand, Mertens was open to reporting: “Intelligent online procedures for reporting accidents or other ideas are worth considering, regardless of the legal classification of the escape from an accident, the note on the windshield is a thing of the past in 2023.”
It must not be the case that the inhibition threshold for fleeing the scene of the accident is lowered for those who caused the accident by being downgraded to an administrative offence.
Michael Mertens, Police Union
Union: property rights could become a trifle
“The traffic accident escape must remain a crime And that without any compromises, ”also demanded the Hessian Minister of Justice Roman Poseck (CDU). This is about “no trivial offense,” he explained in Wiesbaden.
Many accident victims would already be left with property damage. “It’s obvious that decriminalizing the escape from traffic accidents relieve even more road users of their obligations become,” Poseck warned.
Fleeing from a traffic accident must remain a criminal offense and without exception.
Roman Poseck, Justice Minister of Hesse
The Union also fears that the move towards a general other assessment of property crimes could lead.
Ulrich Lange from the CDU/CSU parliamentary group told the Bayern media group that Buschmann’s initiative could lead to “such offenses not only in traffic, but also in other areas to make it a trifle.” This leads to “no longer considering property as a value in itself.”
Greens fear legal uncertainty at the expense of the victims
“Unfortunately, this push by the Minister of Justice is dedicated not remotely the many urgent questions, for example in the area of road safety,” said the traffic policy spokesman for the Greens in the Bundestag, Stefan Gelbhaar, to the newspapers of the Bayern media group.
Creating a plethora of new excuses for hit-and-run is harmful.
Stefan Gelbhaar, The Greens
“Creating a plethora of new excuses for hit-and-runs is harmful. That works Legal uncertainty at the expense of accident victims“, so Gelbhaar.
SPD wants to openly discuss Buschmann’s proposal
The SPD, on the other hand, signaled that they would accept the proposal discuss and examine openly to want.
“The traffic light coalition wants to modernize criminal law,” said the legal policy spokeswoman, Sonja Eichwede, of the Bayern media group. “As part of this revision, we will openly discuss the proposals made by the Federal Minister of Justice in the area of transport,” said Eichwede.
Insurers fear that the preservation of evidence will be more difficult
The General Association of Insurers (GDV) warned against a new regulation limit the ability to collect evidence. This applies, for example, to the question of whether alcohol or drugs were involved, explained GDV General Manager Jörg Asmussen.
Also, hit-and-run “must not lead to Accident victims are left with their property damage“. (AFP, Tsp)
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