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Showing posts from April, 2026

Landmark Murder Conviction for Illegal Street Racing in Germany

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Following a fatal illegal street race in Ludwigsburg in March 2025, the Stuttgart District Court (LG Stuttgart) has issued a landmark ruling. The primary defendant was sentenced to life imprisonment for murder, while his brother received 13 years for attempted murder. The race resulted in the deaths of two innocent young women when their vehicle was rammed at speeds exceeding 130 km/h in a 50 km/h zone. Intent vs. Negligence The core of the legal debate centered on the definition of intent. The defense argued for "negligent homicide," claiming the defendants never intended to kill anyone. The court applied the principle of eventual intent (dolus eventualis). It ruled that by racing at extreme speeds in a residential area, the defendants recognized the life-threatening danger and "accepted" the possibility of a fatal outcome in pursuit of the thrill of the race. The ruling utilizes Section 315d of the German Criminal Code (StGB), known as the "Raserparag...

Violation of right to fair trial by use of “caution” measure (ECtHR)

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In Chamber's judgment dated 19.3.2026 in the case of B.G. v. France (application no. 70945/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.  The case primarily concerned the failure to afford the guarantees of the right to a fair trial during “caution” (rappel à la loi) proceedings initiated by the public prosecutor against the applicant for false accusation of rape.  The applicant, aged 16 at the time, had reported a 17-year-old man, L.A., to the police for rape. Following the discontinuance of the investigation into that complaint, L.A.’s mother reported the applicant to the police for making a false accusation.  Although the applicant stood by the details of her initial complaint, she was issued with a caution and was consequently included in the criminal history database for a five-year period.  The Court emphasised the importance and the ...