Will hit-and-run accidents without personal injury soon only be punished as an administrative offence? Federal Minister of Justice Buschmann not only met with approval with his proposal.
According to Federal Minister of Justice Marco Buschmann, escapees without personal injury should only be punished as an administrative offence. The FDP politician defended his proposal.
This could reduce the effort for the police, public prosecutors and courts, he told the newspapers of the Bayern media group. Offenses such as hit and run are currently considered criminal offenses, regardless of whether people were injured. Approval came from the automobile club ADAC.
“No one should just leave the field any further, it’s about recording the damage and its involvement in a modern way,” said Buschmann. Currently, those involved in an accident who leave the scene of an accident before the police or the other party involved in the accident can get there are punished with a fine or up to three years in prison. If the considerations from the Ministry of Justice are actually implemented, this could only apply to accidents involving personal injury in the future.
As an alternative, the Federal Ministry of Justice is bringing the establishment of a reporting office into play, where digital reports with photos of the damage and proper identification must be submitted in cases without personal injury. Ultimately, it’s all about “that no one is left with damage caused by someone else,” says Buschmann. Administrative offenses are only subject to a fine.
ADAC: “Does not lead to worse off for the injured party”
In the opinion of the ADAC, such a reporting office would make it easier to report a damage at a later date. The automobile club welcomed Buschmann’s approval. “The punishment of a simple hit-and-run as an administrative offense does not lead to the injured party being put in a worse position,” said an ADAC spokesman.
When the idea became known, insurers warned not to restrict the possibilities of preserving evidence. “The cause and course of the accident must be able to be determined without a doubt,” said Jörg Asmussen, general manager of the General Association of the German Insurance Industry (GDV). This applies, for example, to the question of whether alcohol or drugs were involved. “The driving ability of the person who caused the accident can only be determined immediately after the accident.”
Politicians from the CDU and Greens, for example, had also expressed doubts and criticism of the proposal. The German Association of Judges made a similar statement. “From the point of view of the German Judges’ Association, it would be wrong in terms of legal policy to downgrade unauthorized removal from the scene of an accident after pure property damage to an administrative offence,” said managing director Sven Rebehn of the “Ausburger Allgemeine”.
The Ministry of Justice is currently also examining whether other criminal offenses such as fare evasion should only be classified as administrative offences. “For years there were only new criminal laws,” said Buschmann of the Bayern media group. “No one has seriously asked whether the old ones still make sense.” It is not yet certain when Buschmann will present a draft for the planned reform of the penal code.
Source: Stern
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