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Process to illegal car racing : If rage is a criminal Offence

It was an Express delivery, the pizza driver had done that day in July of 2018, With far more excessive pace, he raced through Pankow. The police patrol, which was to become on the whirlwind Tour, like to have had trouble to follow the jahrten Audi A3, before she could stop him. The officials not only took up the identity of the supplier, but conceded the same license and a car.

The grey zone of the rage

A colleague took the pizzas while they were still warm. And the speeder is for three quarters of a year, pedestrian. On Monday, he appeared in the Tiergarten in front of the district court, where he is due to an illegal motor vehicle race accused. The Amtsanwaltschaft accuses him of being up to the limit of what is Possible. Thus – and only thus – would from the frenzy of a criminal Offence, to up to two years ' imprisonment and permanent confiscation of the car.

For the public Prosecutor, the Solo-race by the fact that the Audi curve in a at around 80 already shimmying on the highway, so was on the Limit. The defender looks at the case of his client as a Prime example of this is that the Berlin justice race in the fight against the since October of 2017, a criminal offence, the illegal car will lose standards. Especially since in this specific case, both sides are agreed that the journey was rapid, but not highly criminal, because the offender has, for example, do not respect red light.

rings to the proportionality

There are professionals, who met on Monday in the courtroom: Andreas Winkelmann leads the Amtsanwaltschaft specifically to the persecution of the race based division, headed it to 17 months to more than 400, some of them already successfully completed criminal proceedings. He justified his hardness with the note: "We define here the Ur-Meter." Defender Leif Hermann Kroll lectured nationwide before professional lawyers for criminal law and traffic law and reported: "I experience as utter and incredulous Amazement about what happened in Berlin."

There is a huge disproportion developing in the deeds and punishments no longer fit to each other: So a drunken accident come as a first offender often with roughly 40 daily rates to a monetary penalty plus a one year licence withdrawal. Who, however, with screeching tires, but sober and without an accident to a couple of curves, hunt or at the traffic lights with the neighbors on a spontaneous Piercing up to the next intersection inlets should expect a minimum of 60 days of records and lose in the worst case, the car.

the Latter does not pass by the way, the habit of racers who would not to illegal race-conscious in their own car. Instead, it could meet people such as those older business man who was with his Tesla so foolish to fight a duel on the town's highway with a Biker – and with the pace of 197 flashed.

Such people, see Kroll, the defender, by the Berlin-based law enforcement officers in the vicinity of the Ku'damm-speeders moved. "It seems to me that the justice bad the extreme of this – undoubtedly catastrophic – case is impressed." In fact, the Bundestag, had declared the race was also under the impression of this case to the criminal Offence.

Berlin has hard action

Perhaps a discussion would not be due and payable, whether one month's salary as a punishment for an alcohol accident much too merciful, if so more likely at the lower end of the penal framework needs to be readjusted. But this debate is not a race of car-clause triggered so far.

Winkelmann, the Prosecutor, wants to stay with his rigorous line. "As long as the Supreme court or the constitutional court in the case of Belgium in the absence of any bolt, is that for me the law." New right as the speeder-Clause interpreted by different parties, by nature, different. Courts were to find the doctrine of the mean.

The case of the raging pizza driver was postponed on Monday: "The case against a money circulation I refused," says Winkelmann. Now an expert should make it clear whether the man was, in fact, with the highest possible speed on the road. Of which is likely to depend on how long the now-unemployed offender must go to the foot and whether he gets his car back.

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Illegal car Berlin police race is always harder against speeders by

Stefan Jacobs

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