Dangerous interference in rail, ship and air traffic

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Unauthorized entry on railway lines with signals showing "travel" can be rated as a dangerous interference with railway traffic if the case is intentional. If children play on the track (here in Bürstädter Bahnhof on the Riedbahn ), the affected section may no longer be used by rail vehicles. Approval of a journey after the transmission of a command , for example with the order to drive on sight in the affected section, is also not permitted according to the relevant guidelines of DB Netz .

Dangerous interference in rail, ship and air traffic is the designation of a criminal offense , which in Germany is reinforced with a prison sentence of six months to ten years according to § 315 StGB . It is a specific offense at risk . An exception to this is the case of Paragraph III No. 2, here it is an infringement offense . It is an offense which, in the case of Paragraph III, qualifies as a crime .

Legal text

I. Whoever interferes with the safety of rail , suspension railway , ship or air traffic by

  1. Facilities or means of transport destroyed , damaged or removed,
  2. Creates obstacles,
  3. gives wrong signs or signals or
  4. undertakes a similar, equally dangerous operation,

and thus the body or life of another human or alien matters of significant value at risk is with imprisonment of six months up to ten years punished .

II. The attempt is punishable.

III. On imprisonment not less than a year it is to be recognized if the perpetrator

  1. acts with the intention
    a) cause an accident or
    b) to enable or cover up another criminal offense , or
  2. the act causes serious damage to the health of another person or damage to the health of a large number of people.

IV. In less serious cases of paragraph 1, imprisonment of three months to five years is to be recognized, in less serious cases of paragraph 3, imprisonment of six months to five years.

V. Anyone who negligently causes the risk in the cases of paragraph 1 will be punished with imprisonment of up to five years or with a fine.

VI. Anyone who acts negligently in the cases of paragraph 1 and negligently causes the risk will be punished with a prison sentence of up to two years or a fine.

Protected legal interests

  • Safety of private and public rail, suspension railway, ship and air traffic
  • Body, life
  • property

Willful intent / negligence

The act must lead to double success. The impairment of traffic safety (is the actual act of the crime) leads to a specific danger and, in the case of Paragraph 3 No. 2, to the realization of the danger. Both the actual act and the realization of the danger must be intentional , with eventual intent (especially when creating danger) sufficient.

completion

The act is completed with the occurrence of the concrete danger. The actual occurrence of damage is only relevant for the determination of the penalty .

Active repentance

The court may, at its discretion, either mitigate the sentence or waive the penalty if the offender voluntarily averts the danger before significant damage occurs. In the case of Section 315 (VI) of the Criminal Code, anyone who voluntarily averts the danger before significant damage occurs will not be punished.

See also

literature

Individual evidence

  1. ↑ § 12 StGB
  2. ↑ §§ 49 Abs. 2, 320 Abs. 2 Nr. 1 StGB
  3. ↑ §§ 49 Abs. 2, 320 Abs. 3 Nr. 1 a StGB