Thursday, November 20, 2008

For illegal car race in death sentences threaten the future.

Illegal car racing - always a perilous endeavor to live for participants and bystanders. The Federal Court has reason to deter the law tightened. Henceforth threaten prison sentences.

Comes at an illegal car race, a party were killed, the driver immediately with a conviction for negligent killing expected. The Federal Court of Justice (BGH) reinforced the convictions against two participants in a race at Lake - they must now reckon with prison sentences. At the same time, the Karlsruhe judges clear that the illegal racing driver does not justify, the victim had volunteered to go into danger of death.

The district court had Kostanz drivers in the first process only because of road hazard sentenced to probation. This ruling expanded the Supreme Court sentenced them now and also because of negligent killing. To determine the new penalty was the case to another Trial Chamber of the Landgericht Constance back.

The 4th Criminal Division of the Supreme Court said in sentencing in such cases should be penalties have a dissuasive effect. The Senate observed with concern that "Mutproben among young people grow more and more," said the chairman Judge Ingeborg Tepper Vienna. As an example she cited the car surfing, in which youths on the car roof down, while the drivers are full. It must be made clear that the law does not tolerate such violations, even if the parties themselves victims of their actions would be.

"Acceleration test"

When the illegal car races in Kostanz at 30 March 2007 had four young men in two vehicles to a so-called "acceleration test" to meet: one vehicle was a VW Golf, by a motor exchanged over 200 kilometers per hour could achieve. The second driver drove a Porsche with a top speed of over 300th
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The vehicles drove side by side and accelerated to a double journey to 200th on the pace As an uninvolved right Opel car appeared, they continued the frenzy continued side by side and outdated. When Überholvorgang temporarily drove three cars to two-line close together. Golf and Porsche had only 30 centimeters distance. The passenger filmed the race during the whole time. With the prospect of overtaking the Gulf then on the green strip, and came skidding into überschlug itself.

The unangeschnallten driver were ejected. The 20-year-old passenger was dead, the 26-year-old driver survived seriously injured. Only by coincidence were the four occupants of the Opel Astra unhurt. Even those involved in the Porsche, both 26 years old, were not involved in the accident.

No consent in killing

The driver later justified in the process so that the passenger killed himself earlier had driven illegal racing. He had known the danger of life and consented. It also showed the film records, which he had made to last.

The Supreme Court remained in its case that the victim is not legally into his killing could agree. The driver would have had in his hand, the life-threatening situation to an end, not the victims. Through the voluntary participation was the passenger in the abstract danger in buying used. From an acquiescence in the life-threatening but overtaking was not the one to be, on the other hand, such a consent would be ineffective.

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