The justice minister combed through the penal code with great zeal for reform. It’s about the question of what should happen to people who are caught without a ticket. Changes are also conceivable when escaping an accident.
Federal Minister of Justice Marco Buschmann (FDP) has decided to clean up the penal code. In addition to the question of whether fare evasion should be downgraded from a misdemeanor to an administrative offense in the future, he is now also looking at hit and run without personal injury.
In a letter that an employee of his ministry sent to associations and the justice ministries of the federal states shortly after Easter, the question is raised in connection with the criminal offense of unauthorized removal from the scene of an accident, “whether the legislator still considers it appropriate that a Criminal prosecution is to be initiated in cases involving pure and unintentional damage to property”. Or whether cases in which no one was harmed should possibly be downgraded from a criminal offense to an administrative offense in the future.
The aim of the letter from the Federal Ministry of Justice is obviously to get in touch with experts and those responsible for possible reform proposals at an early stage. Those addressed were asked to comment by May 23. However, a spokeswoman for the ministry emphasizes that the considerations are still at an early stage. She says: “It is important for the Federal Ministry of Justice to also include the arguments of relevant associations in its considerations. A decision as to whether and how a possible adjustment will take place has not yet been made.”
Nevertheless, the excitement is already great. In addition to legal politicians, the considerations from the Ministry of Justice are also of great interest to insurers.
Currently, those involved in an accident who leave the scene of an accident without permission are punished with a fine or up to three years in prison. If the considerations from the Ministry of Justice should actually be implemented, this could only apply to accidents involving personal injury in the future.
Obligation to report instead of waiting on site?
Previously, those involved in an accident had to wait a “reasonable amount of time” at the scene of the accident. As an alternative, the Federal Ministry of Justice is bringing the establishment of a reporting obligation and reporting office into play. “It would be conceivable, for example, to report using a standardized online mask, possibly also with images of the scene of the accident and the damage to be uploaded, or a damage report to be fixed on the damaged vehicle, which, if carried out properly, would not constitute an act,” says the letter ministry.
It is particularly important for the insurers not to restrict the possibilities of preserving evidence. “The cause and course of the accident must be able to be determined without a doubt,” says Jörg Asmussen, general manager of the German Insurance Association (GDV). This applies, for example, to the question of whether alcohol or drugs were involved. “The driving ability of the person who caused the accident can only be determined immediately after the accident,” emphasizes Asmussen. If the polluter cannot be determined, the injured party would either have to bear the damage themselves or settle it with their own insurance company.
Criticism from the traffic light partner
“I’m surprised and doubt the seriousness of the Minister of Justice’s proposal,” says Green Party right-wing politician Canan Bayram. She wonders whether Buschmann might “light smoke candles to avoid unpleasant questions” before the government questioning in the plenary session of the Bundestag this Wednesday.
The FDP member of the Bundestag, Stephan Thomae, counters this: “The Federal Minister of Justice has neither a reason nor is it his style to avoid any questions. In the coalition agreement, we agreed on a criminal law reform as a traffic light so that the principle of the ultima ratio applies again.” An early survey of associations, as carried out by the ministry, is “exactly what the associations always want and what the coalition understands by good state and legislative practice,” said Thomae.
“From the point of view of judicial practice, there is no reason to downgrade unauthorized removal from the scene of an accident in cases without personal injury to an administrative offence,” judges the German Association of Judges (DRB). The penal provision has proven its worth and offers the courts sufficient leeway to punish legal violations in a manner appropriate to the crime and guilt, says DRB Federal Managing Director Sven Rebehn. On the other hand, the proposal to introduce an obligation to report as an alternative to the obligation to wait after an accident is worth considering. However, digital reporting channels would have to be set up for this, which are reliable and easily accessible. He warns: “A federal patchwork quilt in which each federal state or even each district develops its own technical solution would certainly be fatal for the acceptance of a reporting model.”
Union: “Desolidarization of our society”
Politicians from the CDU and CSU expressed clear criticism of the considerations from the Federal Ministry of Justice. The Hessian Justice Minister Roman Poseck (CDU) said: “Even if an accident only causes property damage, unauthorized removal from the scene of the accident is criminal injustice.” Even today, many injured parties suffer from the fact that those involved in accidents do not fulfill their obligations.
The deputy chairwoman of the Union faction, Andrea Lindholz (CSU), said: “Hit and run is not a trifle, not even in the case of mere property damage.” The proposal from the Federal Ministry of Justice “promotes the loss of solidarity in our society and sends the completely wrong signal”.
CDU leader Friedrich Merz also expressed concerns: “Personally, I have a spontaneous feeling of disturbance,” said the Union parliamentary group leader. In the case of accident escapes, it is usually also a matter of not inconsiderable damage to property. He will therefore take a close look at what the federal government is planning.
It is not yet certain when Buschmann will present a draft for the planned reform of the penal code.