Goslar (dpa) – Should hit-and-runs only be an administrative offense in the future? Federal Justice Minister Marco Buschmann (FDP) brought this possibility into play last year. Opinions on this vary among experts and associations. This will be discussed at the traffic court day in Goslar from January 24th.
“The time is ripe for reform,” says Gerhard Hillebrand, transport president of the General German Automobile Club (ADAC). From his point of view, it would be conceivable to report an accident without punishment within 48 hours. This could happen either with the police or with newly established reporting offices. The latter could then take over work from police departments in the future. The obligation to wait at the scene of an accident is outdated. The only decisive factor is that the injured party receives the necessary information to settle the damage.
As part of a reform of criminal law, Federal Justice Minister Buschmann suggested that hit-and-runs could in future be punished as an administrative offense instead of a criminal offense. In any case, according to current plans, there will be an option in the future to report property damage online so that the person responsible no longer has to wait on site for the owner of the damaged vehicle or for the police. Currently, a hit-and-run can be punished with a prison sentence of up to three years or a fine.
“Accidental escapees have something to hide”
Opponents of defusing the punishment see – unlike the ADAC, for example – the danger that this could cover up other crimes. “Anyone who flees an accident often has something else to hide,” says the head of accident research at the General Association of the Insurance Industry, Siegfried Brockmann. In the future, it will be possible to report a drunk driving accident until the following day. Then the alcohol in the blood can no longer be detected and you only have to answer for the hit-and-run, which is punished more leniently. He doubts whether this serves road safety. He also believes that it is unlikely that the burden on the police will be relieved because hit and run accidents would also have to be investigated as administrative offenses if the person responsible does not come forward.
“According to our accident research, aggressiveness in road traffic is increasing,” says Anja Käfer-Rohrbach, deputy managing director of the German Insurance Association. Downgrading the hit-and-run case would therefore send completely the wrong signal. There is a risk that fewer accidents will be reported and accident victims will be left with damages.
Police against demotion
The police union (GDP) also shares this view. Officials also believe that a reporting portal for the subsequent reporting of property damage without penalty makes sense. A simple note in the windshield is not enough.
The German Police Union (DPolG) also categorically rejects a downgrade “in order to continue to maintain the inhibition threshold for the crime.” A penalty-free subsequent report of damage after 24 hours is conceivable. However, there is no need for an independent reporting office; it is sufficient to specify the required waiting time at the scene of the accident in more detail. The revocation of driving licenses should also be completely eliminated as a punishment.
Currently, according to the German Lawyers’ Association (DAV), driving licenses are usually revoked if there is very high damage to property. In the case of an expensive new car, damage to the paintwork could be enough. From the perspective of the Automobile Club of Germany, consideration should be given to a higher threshold for these repair costs.
According to the Federal Motor Transport Authority, the number of hit and run accidents has declined slightly in recent years. According to information, in 2022 drivers left the scene of an accident in 32,000 cases. In 2019 there were still 36,000.
Different possibilities for reform
According to criminal law professor Jan Zopfs from the Johannes Gutenberg University in Mainz, various reforms are conceivable. Either a downgrade to a misdemeanor, which would, among other things, relieve the burden on public prosecutors, says the professor who will lead the working group at the traffic court day. Alternatively, the criminal offense could be retained and only the obligation to wait at the scene of the accident could be replaced, for example by a subsequent report via app or at a reporting center within a set period of time. Or it could also be adjusted so that the driving license is revoked less often after an accident and the decision is made more dependent on the individual case. The discussion on this is completely open, says Zopfs.
The German Lawyers’ Association criticizes the fact that people are not punished for leaving the scene of a crime if they intentionally demolish a car – but they are punished if a car is accidentally damaged. The fact that hit-and-run is currently a criminal offense creates a compulsion to self-incriminate, which is actually not compatible with the rule of law, says lawyer Andreas Krämer from the traffic law working group at the DAV. A reform is urgently needed. Unless there is serious personal injury, a downgrade to a misdemeanor is appropriate.
Extra work for courts?
The Auto Club Europa also says that the accident escape paragraph does not protect life, limb or property, but only the enforceability of civil law claims. However, the club rejects a downgrade because accident damage is not insignificant. However, the waiting requirement should be revised. The Automobile Club Verkehr is also against the downgrade, but is calling for a digital reporting center for accidents purely involving property damage. According to a representative survey by the DEVK insurance company from the beginning of September, 58.3 percent of Germans were against the downgrade and only 17.7 percent were in favor.
The German Association of Judges is also against a downgrade. “The criminal provision has proven itself and gives the courts sufficient leeway to punish legal violations appropriate to the crime and guilt,” says Federal Managing Director Sven Rebehn. In addition, it can be assumed that hit and run as an administrative offense would lead to more work in local courts because those affected would have their fine notices checked there. A digital reporting point is conceivable, but it must be uniform across the country.
© dpa-infocom, dpa:240123-99-714519/4
2024-01-23 15:47:20
#Hit #run #misdemeanor #future
