Process - Final judgment on fatal accident in Worms
Almost nine months after the verdict on a fatal accident in Worms, the ruling of the Mainz Regional Court is legally binding. The Federal Court of Justice (BGH) in Karlsruhe confirmed the verdict of 20 March 2023 and rejected the appeal by both the defense and the public prosecutor's office. A review of the verdict did not reveal any legal errors.
The trial concerned an accident in which a pedestrian died in July last year. The judges in Mainz found a man who was 25 years old at the time of the verdict guilty of, among other things, illegal car racing resulting in death and sentenced him to five years and nine months in prison. The man had admitted to racing through the city center of Worms in a rented high-powered car. At a junction, two pedestrians crossed the road at a red light. Despite braking hard, the driver hit one of the men head-on and hurled him more than 60 meters across the road, killing the 52-year-old instantly.
The public prosecutor's office had demanded a life sentence for murder and the defense a suspended prison sentence. The Federal Court of Justice has now stated that the man had accepted the risk of a fatal collision in his driving maneuver, but had trusted that the pedestrians would be able to escape the danger zone at the last moment or that he himself would be able to take evasive action in time.
Statement of the BGH
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- The verdict in the criminal case, centered around a fatal accident in Worms, was upheld by the Federal Court of Justice in Karlsruhe, overruling both the defense and the public prosecutor's office's appeals.
- The initial judgment, which found a 25-year-old man guilty of several charges, including reckless driving resulting in death, was delivered in Mainz almost nine months after the accident in July the previous year.
- Rhineland-Palatinate's public prosecutor's office had argued for a life sentence due to the man's actions leading to a pedestrian's death, while his defense requested a suspended sentence.
- In their ruling, the Federal Court of Justice acknowledged the man's acceptance of a fatal collision risk in his reckless driving, but emphasized his belief that the pedestrians could avoid danger or that he could evade collision in time.
- The brutal accident, which occurred in the city center of Worms, involved a high-powered car rented by the defendant and two pedestrians who crossed the road against a red light.
- The court's final judgments, in this high-profile case, mark a significant decision in the German legal system, with consequences for similar criminality cases across the nation, including in the federal court of justice.
Source: www.stern.de
