Critical questions: BGH decides on murder-verdict for Berlin car racer

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The Federal Supreme court (BGH) decides today about the sentencing of two Berlin car racer for the murder. The men were delivered at night on the Kurfürstendamm in Berlin’s city centre in an illegal car race.

They raced in the memorial Church at Red light on a intersection, one of them rammed up to 170 kilometers per hour, a car came from a side street. The 69-year-old driver of this car died.

The Supreme court judges are already for the second Time with the case. In February 2017, the Berlin regional court had condemned both men as murderers. It is the first murder was a judgment against car racer in Germany. The court overturned it a year later due to legal errors, the process began again. The Berlin district court imposed in March in 2019, life imprisonment for murder.

The Berlin judges saw three murder characteristics are met: The victim is completely arg and defenseless have been. The enormous speed and unmanageable Situation, the cars had become a homicidal medium. The recklessness and selfishness of the men speak for low motives.

The two men sitting in detention, was re-Revision. In the Supreme court hearing in April had become, especially in the case of the second defendant’s concerns, had not rammed the car itself. The Berlin regional court had sentenced the at the time of accident the 24-Year-olds, twice as an accomplice. In addition to the defender, the Federal government requested the German bar, the murder-judgment. Both men had delivered an illegal race, is not sufficient for a murder conviction. In addition, it is unclear whether the accident would have been avoided if he would have cancelled the race on the last meters.

Also to the conviction of the main defendant, the presiding judge Beate Sost-Scheible asked for in the negotiation is critical. Murder requires intent. A perpetrator must be at least indifferent, that he takes the death of Another in the purchase. In this case, however, it is questionable whether the then-27-year-old racer really clear how a possible accident would have an impact.

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