After the Berlin racer-judgment, we dedicate ourselves to four questions: How big is the Problem of illegal car racing? The dangers are the perpetrators not aware of? What is the legislator doing? There is a specific offender profile?
Sentenced to life imprisonment: Marvin N. (left), and Hamdi, H. (to the right)
Three years after a deadly car in Berlin, two speeders were sentenced to race again because of joint murder. The Berlin district court had imposed life long imprisonment, had been repealed by the Federal court of justice (BGH). Now another criminal chamber of the Berlin regional court imposed again to life imprisonment. She saw it as proven that the today, 30, and 27-year-old driver had taken the death of a 69-Year-old approvingly.
How big is the Problem of illegal car racing in Germany?
Really quantify the issue, there are no nationwide statistics. Some of the länder publish Figures: the Ministry of The interior of the most populous German Federal state of North Rhine-Westphalia announced in February 2019, the number of police registered illegal car is increased the race from 2017 to 2018 to around 40 percent – from 335 to 474. Especially sad: The number of accidents at illegal races has more than doubled: From 32 to 78 in the year 2018.
In Berlin, the police recorded since October of 2017, illegal car racing in statistics and was able to determine by the end of 2018 already 298 illegal car race. Currently every day is added statistically in Berlin more than a new criminal case for illegal car racing.
The accident: Here, a innocent bystander came in his car died
Illegal car racing are dangerous. Why will they be held?
The perpetrators, despite the obvious dangers, for themselves but also for others, not of the deeds hold. Bernd Wiesner has to do work-related on a regular basis with the perpetrators. He is the head of the traffic psychology advice centre of Saxony, long years, he was an Executive function by the TÜV. In an interview with Deutsche Welle, he indicates that the behavior of the offender spent in the past: “I believe that the offenders, is the risk really aware of them a certain capacity for empathy is missing. You can not put inside in other people.”
On the other hand, Wiesner, leave the behavior on previous experience: “to My knowledge, one of the perpetrators had already 19 Voreintrag. This means that he is driven, very often, too quickly. The authorities have always responded only with fines. This has led him to no change in behaviour”. Due to the mild punishments had in the past with the perpetrators driving habits, where you realized that you are driving too fast. Thus, in the end, move the perception of Risk.
What is the legislator doing?
To curb the Problem, adopted by the Bundestag in June 2017, a law for the punishment of illegal street racing. Illegal street races have been considered a criminal Offence – not only as an administrative offence. The then transport Minister Alexander Dobrindt (CSU) gave the direction: “All must be clear: Illegal street racing is not a trivial offence, but a crime. It is up to ten years imprisonment and the loss of the driving licence and the vehicle or threaten”. The sharper approach in the public perception has so far been without success, is due to the fact that the law can’t be applied retroactively.
Against speeders in the meantime, hard to be tackled, has confirmed the Federal court of justice until the beginning of March 2019. He had confirmed in a different case, that a reckless speeders can be convicted as a murderer. The man was killed in 2017 in Hamburg with a stolen Taxi, a man and two seriously injured. The judges affirmed the life sentence of the lower court because of a related killing intent.
There is a bdesired profile?
Traffic Psychologist Bernd Wiesner
No matter whether it is the current judgment in Berlin against Marvin N. and Hamdi, the Hamburg-based death racer Ricarda’s D. or other similar cases: For traffic psychologists Bernd Wiesner a particular profile is at least in the case of gender and age of the offender is shown as “85 per cent of the entries in the Flensburg traffic register are caused by men.
In addition to the male sex, the age is a risk. “Straight men in the age from 18 to 25 years,” said Wiesner, “are the drivers that cause, on average, twice as many accidents as other”. The expert sees, therefore, the amended legal framework very positive: “If you punish people properly, this means the perpetrators to prison sent, then it will give all offenders a rethink.” If you do nothing, or only such measures as, for example, Anti-aggression training, to prescribe, put, the nothing.