Process: 15-year-old run over by a patrol car

The criminal proceedings are to be held at the Tamsweg district court, the Salzburg regional court has now decided. The accident happened on November 18, 2021: The boy was driving an unlit moped and was apparently driving too fast, which is why a police patrol followed him with blue lights and a follow-up horn. In Göriach, the youth then left the road and turned onto a dirt road, where he fell. The driver of the patrol car could not stop despite emergency braking. There was a collision with the teenager, who died at the scene of the accident.

Jurisdiction litigation

The public prosecutor’s office initiated investigations into negligent homicide against the driver of the patrol car, but dropped the proceedings in February because there was no evidence of (gross) negligence. However, the family of the 15-year-old did not want to put up with it, which is why the victim’s lawyer submitted an application for continuation to the regional court. A judge’s senate then ordered the continuation of the proceedings. The public prosecutor’s office investigated again and filed a criminal complaint against the officer with the Tamsweg District Court for negligent homicide.

At the beginning of July, however, the district judge declared that she was not responsible because there was a suspicion that the policeman had acted with “gross negligence”. This offense carries a penalty of up to three years in prison, which is why the district court is not responsible, it said. On the other hand, the accused police officer took legal action and was now right. There was no evidence of gross negligence, so the district court is responsible, the Salzburg regional court has now determined again.