Federal Constitutional Court declares law on illegal car racing valid
For almost five years, there have been much tougher penalties for illegal races, but also for individual races on the streets. With the latter, escape trips before police checks, but also self-made video recordings of speeding, which are then placed on the Internet, should be prevented.
That was controversial. For example, the German Bar Association and the Criminal Law Committee of the Federal Bar Association held the law to be unconstitutional. The provision contains so many vague legal terms that a driver can no longer predict which behavior is to be classified as grossly exceeding the speed limit and which as an individual race.
Criticism of shapeless law
When the district court in Villingen-Schwenningen in the Black Forest had to deal with a suspect who had fled from a police check – he didn’t have a driver’s license and was on drugs – raced through the city area at up to 100 kilometers per hour and also stopped traffic obstacle, the magistrate submitted the law to the Federal Constitutional Court for review. The reasoning at the time: the provision was shapeless.
There it says, “Anyone who moves at an inappropriate speed and grossly contrary to traffic and recklessly in order to reach the highest possible speed” can be punished with up to two years in prison. The objections: If you drive in a traffic violation, you always act recklessly. What is meant by maximum speed is also unclear. This could mean the top speed of the car, but also the speed that can be reached given the traffic situation.
The Federal Constitutional Court did not share the concerns that the ban on individual races was “sufficiently specific” and open to judicial interpretation. The Second Senate referred to the legal materials, according to which the highest possible speed is that which can be achieved given the roads, visibility and weather conditions. To distinguish between individual races and significant speeding, the constitutional judges used judgments of the Federal Court of Justice, which are now available.
For example, the distinction applies: Whoever accelerates as far as possible in front of a traffic light in order to get through the intersection with “old pink” commits a speed violation. However, anyone who travels a longer distance and for a longer period of time at “the highest possible speed” drives an individual race.
Accelerated only briefly?
The eight-member Second Senate determined that the basic right to freedom of action was not violated by the criminal law either. Because the protection of the community against illegal races prevails. “The interest in wanting to move at the highest possible speed in violation of the road traffic regulations and disregarding the requirement to be considerate must take a back seat.” (AZ: 2 BvL 1/20)
