The Federal Constitutional Court has ruled that speeders who drive alone must also expect penalties.
Karlsruhe – Autoraser can also be prosecuted in the future because of so-called solo races without adversaries. The provision, which was added to the Criminal Code in 2017, is compatible with the Basic Law, the Federal Constitutional Court in Karlsruhe announced on Tuesday.
The norm is sufficiently specific. Furthermore, “community protection concerns” outweigh the impact on freedom of action here.
Paragraph 315d punishes the organization of prohibited races and participation in them. Anyone who “drives a motor vehicle at an inappropriate speed and in a grossly contrary to traffic and reckless manner in order to achieve the highest possible speed” is also liable to prosecution. The District Court of Villingen-Schwenningen considered this part of the provision to be too vague and initiated the review in Karlsruhe. Criminal regulations must always be formulated so clearly that everyone can clearly see whether they are doing something forbidden. dpa
