Transport hazard

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As transportation hazards are in the German criminal by § 315 (Dangerous disruption of rail, sea and air) and § 315 (danger to the rail, marine and air transport) StGB referred to acts described.

Protection purpose

It protects life, limb and significant property in rail , ship and air traffic . Section 315 of the Criminal Code protects the traffic facilities from outside interference, Section 315a of the Criminal Code protects them from improper handling by authorized persons.

Forms of inspection

The transport hazard can be committed and is punishable according to § 315 StGB if

  • Transport infrastructure is destroyed, damaged or removed.
  • Means of transport are destroyed or damaged.
  • Obstacles are introduced into the path of the means of transport.
  • wrong signs or signals are given or
  • a similar, equally dangerous intervention is made in the regulation of traffic.

The transport hazard can be committed and is punishable according to § 315a StGB if

  • Means of transport are carried in an unfit condition - e.g. B. drunk.
  • a person responsible grossly breaches the legal provisions serving security.

It is a concrete endangering offense , that is, the health or life of another person or a foreign object of significant value must actually have been endangered.

Sentence

The intentional act is punished in the cases of § 315 StGB with imprisonment from 6 months to 10 years, in less serious cases from 3 months to 5 years. In qualified cases, the offense is punished with imprisonment from 1 to 15 years, in less serious cases from 6 months to 5 years. A qualified case exists if the act was committed in order to intentionally cause an accident or to make another criminal act possible or to cover it up, or if the act caused serious damage to the health of another person or damage to the health of a large number of people. If the danger is caused negligently, the penalty is imprisonment up to 5 years or a fine , if the interference itself was only negligently committed, imprisonment up to 2 years or a fine.

The intentional commission of § 315a StGB is punished with imprisonment of up to 5 years or a fine . If the act is committed negligently , it is punished with imprisonment of up to 2 years or with a fine .