The police union (GdP) has commented critically on the Federal Ministry of Justice’s considerations, according to which an escape from an accident without personal injury could be downgraded from a criminal offense to an administrative offence.
“I see the danger that the impression will now be given that the escape from the accident is just a minor offence,” said the deputy GdP federal chairman Michael Mertens to the editorial network Germany (RND). The effects for the injured party could be serious – “especially for car owners without comprehensive insurance”. Mertens told the “Westfälische Nachrichten” that a new regulation would relieve the burden on public prosecutors, but “burden fines because they process administrative offenses”.
The considerations of Federal Justice Minister Marco Buschmann (FDP) are also met with skepticism by representatives of the judiciary. “From the point of view of judicial practice, there is no reason to downgrade unauthorized removal from the scene of an accident in cases without personal injury to an administrative offence,” said the federal director of the German Association of Judges (DRB), Sven Rebehn, of the “Augsburger Allgemeine”. “The penal provision has proven itself and gives the courts sufficient leeway to punish legal violations in a way that is appropriate to the offense and to blame,” emphasized Rebehn.
Buschmann wants to clean up the penal code. In a letter that an employee of his ministry sent to associations and the justice ministries of the federal states, the question is raised in connection with the criminal offense of unauthorized removal from the scene of an accident, “whether the legislature still considers it appropriate that criminal proceedings be carried out in the case of events with pure and unintentional damage to property”. Or whether cases in which no one was harmed should possibly be downgraded from a criminal offense to an administrative offense in the future.
The aim of the letter from the Federal Ministry of Justice is obviously to get in touch with experts and those responsible for possible reform proposals at an early stage. Those addressed were asked to comment by May 23. However, a spokeswoman for the ministry emphasized on Tuesday that the considerations are still at an early stage.
Currently, those involved in an accident who leave the scene of an accident without permission are punished with a fine or up to three years in prison. If the considerations from the Ministry of Justice should actually be implemented, this could only apply to accidents involving personal injury in the future.
