A driver flees from a police check in Berlin-Gesundbrunnen. He races through the streets at high speed. When fleeing, the car rammed a curb, then a car next to it – and crashed into another car at an intersection. Its driver and passenger are injured. Police officers finally arrest the 35-year-old.
It was initially unclear why he fled from the police. On the other hand, one thing is clear: This case from last Thursday should end up in the special department for banned motor vehicle races at the Berlin public prosecutor’s office.
“Police escapes are among the worst cases,” said their head Andreas Winkelmann of the German Press Agency. “The people are concerned about something because they know what they have on board and are therefore taking the risk.” According to a statistical survey by the Berlin police, such escape trips made up about a third of all speeding cases, said the senior public prosecutor. Another third are “classic jump-offs”, the rest are “single racers”.
The capital is known nationwide as a hotspot for illegal car racing. In the past year alone, the Berlin judiciary has initiated investigations into speeders in 755 cases. That is slightly less than in 2021 (799 procedures), explained Winkelmann.
Since the law was changed in October 2017, higher penalties have been possible in such cases. At that time, prohibited motor vehicle racing was upgraded from an administrative offense to a criminal offence.
In Berlin, the special department at the public prosecutor’s office was created, which is the investigative authority responsible for prosecuting minor to medium-sized crimes. She handles most speeding cases. Crimes with a penalty of more than two years are usually prosecuted by the public prosecutor.
Digital vehicle data, navigation data and videos are becoming increasingly important
In addition to the classic evidence, Winkelmann’s team is increasingly pursuing the technical approach via the black box. “The most important things for us are digital vehicle data, navigation data and video recordings,” he explained.
3450
procedure because of banned motor vehicle races have been initiated since the law was tightened.
According to Winkelmann, 3,450 procedures for banned motor vehicle races have been initiated in Berlin since the law was tightened. 1,460 of these cases have been completed. Almost 900 decisions are now final, according to Winkelmann.
According to him, there have only been around 40 cases of acquittal so far. Most recently, the judiciary spoke of a total of around 3,600 registered cases. The difference results from double counting due to different responsibilities within the authorities, it said.
According to the authorities, there are hardly any repeat offenders among the legally convicted drivers. Even the immediate confiscation of the driver’s license is perceived by the perpetrators – usually men – as a “dramatic, noticeable measure”. “The law was successful and the threat of punishment is sufficient,” said Winkelmann.
No sports cars for novice drivers
Nevertheless, he assumes that the cases will not decrease. One reason for this is highly motorized vehicles, which even novice drivers can access far too easily. Because sports cars are usually rented from car rental companies, and car sharing providers are also popular. If it were up to Winkelmann, novice drivers should not be allowed to do this.
According to the 57-year-old, regular checks are another reason for the numbers. “The Berlin police know where people like to drive fast and lie in wait there,” says Winkelmann. Typical routes are the city autobahn or straight, wide streets such as the Ku’damm.
An uninvolved driver (69) died there in February 2016 in a speeding accident. With the criminal assessment of this case, Berlin had entered new legal territory before the law was changed. Both drivers were finally convicted of murder for the illegal car race.
In the meantime, other speeding cases are also covered by the new legislation. “Police escapes can be motor vehicle races – and they are relatively common in practice,” explained Winkelmann. A particularly tragic case happened in June 2018 in Berlin. At that time, a thief caused an accident while trying to escape from the police. A 22-year-old bystander and later the man’s passenger died in City-West.
In 2021, the Federal Court of Justice upheld the life sentence for murder. At the same time, the judges decided that an escape drive from the police can also be considered a prohibited motor vehicle race (Az: 4 StR 142/20). (dpa)
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