BGH ruling: Second ruling in Berlin speeding case
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After a fatal car race on the Ku'damm, the Berlin Regional Court sentenced two men to life imprisonment for murder. The verdict was sensational because it was the first time nationwide that speeders had been convicted of murder. But the Federal Court of Justice later overturned the guilty verdict. The case went back to the Berlin Regional Court, where another chamber then convicted the two men of murder again after a new trial with slightly different reasoning. Today the Federal Court of Justice has ruled for a second time and split up the cases of the two young Berlin speeders. The conviction of Hamdi H. to life imprisonment for murder is now final. However, it has overturned the murder conviction against co-defendant Marvin N., and the case goes back to the Berlin Regional Court for a third round. H. and N. had a race with two high-powered cars on Berlin's Ku'damm in 2016; After 3.5 kilometers of racing through eleven traffic lights, some of them red, and at speeds of up to 170 km/h, Hamdi H. rammed the Jeep of a pensioner, who died at the scene of the accident. According to the presiding BGH judge, it is legally problematic and extremely difficult for a trial judge to determine whether the perpetrators acted with conditional intent to kill or merely negligently. Hamdi H. was certified as having accepted the death of others with his exceptionally dangerous driving style. The fact that he actually only wanted to win the race and not harm anyone does not change this. Marvin N., the man whose car did not destroy the Jeep, has to appear before the Berlin Regional Court for the third time. According to the BGH, it is unlikely that he expanded the plan of the car race with Hamdi H. during the speeding to include the joint killing of a person. File number: 4 StR 482/19
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