criminal fines & Law: No more driving ban if indeed dates back a long time!
According to § 44 StGB or § 25 of Road Traffic Act in addition to a penalty / fine a ban be imposed. The ban is a so-called additional sentence ("warning and reflection punishment"). There is at least 1 month, maximum 3 months. A driving ban is intended as a lesson for careless and reckless drivers. The offender will be warned before a relapse. The ban is intended to give the offender a sense of the temporary loss of license and the waiver of the active participation in road transport (see BT-printed matter IV/651 p. 12).
This warning and reflection function, the driving ban - meet but only if it impacts in a reasonable time interval to action on the offender - including in his criminal character. The unanimous view in the law comes at least for a long time past deeds no longer be considered a driving ban.
When is now a fact, a long time ago?
21 months too long:
The Federal Court does at least in its decision of 22.10.2001 - 5 StR 439/01 after 1 year and 9 months between the crime and Case no room for a driving ban.
He stated that the arrangement of a driving ban as a warning and reflection punishment for a past one year and nine months to comply with obligations is no longer suitable.
No doubt, after the OLG Hamm exist if the act longer than 2 years and 3 months (OLG Hamm, 4 Ss 54/05) or 2 years and 6 months (2 Ss 224/07 ) ago.
except
position can be different only if the timing between the offense and the imposition of the driving ban the accused may be charged.
It is the exhaustion of appeals and other criminal procedural rights, not by the accused to be regarded as unfair.
Dr. Marc Herzog
Dr. Duke Law Rosenheim
www.drherzog.de
link to the original post:
http://www.drherzog. de rakuepn /
Written by
lawyer Dr. jur. Marc Duke
areas of law:
fine right Road traffic law, criminal law, traffic law,
Tags:
license, lawyer, Rosenheim, transport,
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