Traffic offense
Traffic offenses or traffic offenses in Germany traffic violations on public transport reason that not because of their severity and traffic ticket punished, but as misdemeanors or crimes be punished.
The purpose of protection is to ensure the safety of road traffic . Criminal provisions can be found in Section 28 of the Criminal Code (StGB), the Road Traffic Act (StVG) and the Compulsory Insurance Act (PflVersG).
In traffic accidents with personal injury and / or high damage to property, experts are called by the police directly to the scene of the accident in order to supplement the traffic accident record with the data collection for a traffic analysis report .
Most traffic crimes take place in traffic. Around a quarter of the criminal offenses convicted in Germany (excluding the administrative offense proceedings) are traffic offenses. Many traffic offenses are therefore in the penalty order procedure according to. § 407 StPO dealt with. Specialist lawyers for traffic law and specialized lawyers for criminal law are defense lawyers who specialize in traffic crimes .
Offenses
Road traffic
Road traffic offenses are divided into three categories:
1. Misconduct in traffic:
A distinction must be made between traffic offenses that can only be committed in road traffic and those that are typical of road traffic but can also be committed outside of road traffic.
a) Exclusive road traffic offenses due to misconduct in road traffic:
- Risk to road traffic according to Section 315c StGB
- Prohibited motor vehicle races according to Section 315d StGB
- Driving under the influence of alcohol, drugs and medication according to Section 316 StGB
b) other road traffic offenses:
- Compulsion according to Section 240 of the Criminal Code, if the compulsory exercise is carried out by a motor vehicle (for example, willful violation of distance)
- negligent homicide acc. Section 222 of the Criminal Code
- negligent bodily harm acc. Section 229 of the Criminal Code
No traffic offense is the intoxication according to. 323a StGB, which is an important catch-all offense if the perpetrator has committed a traffic offense, for this because of an incapacity according to § 21 StGB cannot be punished.
2. External interference with road traffic:
- Dangerous interference in road traffic according to Section 315b StGB
3. Violations of the rules for loss prevention:
- Unauthorized removal from the accident site according to Section 142 of the Criminal Code
- Driving without a license or driving in spite of a driving ban according to § 21 StVG
- Abuse of license plates acc. 22 StVG
- Driving without liability insurance according to § 6 PflVG
- Failure to provide assistance in accordance with Section 323c StGB as a road user
Not part of the actual road traffic criminal law:
- Tax evasion of motor vehicle tax § 370 AO in connection with §§ 1, 2 KraftStG
Shipping
- Dangerous interventions in rail, ship and air traffic according to Section 315 of the Criminal Code
- Danger to rail, ship and air traffic according to Section 315a of the Criminal Code
air traffic
- Dangerous interference in rail, ship and air traffic
- Endangerment of rail, ship and air traffic
Rail transport
Note: Due to the classification in the traffic types, there are multiple answers here.
Demarcation
Are not traffic offenses in the strict sense
- Improper production, distribution or issuing of license plates , § 22a StVG
- Misuse of odometers and speed limiters , § 22b StVG
Both offenses are in the strictest sense subsidiary forgery offenses under §§ 267 ff. StGB.
consequences
Even a single significant traffic offense can raise doubts about the suitability to drive a motor vehicle , so that the road traffic authority can order a medical-psychological examination . Further consequences can be: withdrawal of the driving license , driving ban , extension of the probationary period and entry in the register of fitness to drive (points, notes). In addition, the driver's license may be confiscated by the police in traffic ( confiscation item ). In certain cases, means of crime (e.g. murder vehicle) are also confiscated. If an offense cannot or should not be judged as a traffic offense, it can be transferred to a traffic offense procedure . Conversely, traffic offense proceedings can also be converted into criminal proceedings if there are corresponding indications. If a court decision has already been made on the offense in administrative offense proceedings, what is known as a criminal complaint ( ne bis in idem ) is present and a transition to criminal proceedings is excluded. If, on the other hand, the notice of the fine becomes legally binding without judicial proceedings, the act can still be prosecuted as a criminal offense (Section 84 OWiG).