Whoever recreates a motor vehicle race alone with his car is still liable to prosecution in Germany.
The Federal Constitutional Court published a decision on Tuesday in which it classified the "single speeder offense" introduced in the Criminal Code in 2017 as compatible with the Basic Law.
The district court of Villingen-Schwenningen submitted the standard to the judges in Karlsruhe for a decision in January 2020.
The competent criminal judge had been of the opinion that the intention of the driver, which was assumed in the "single speeder offense", had not been formulated with sufficient precision.
The Criminal Code states that the driver must have driven grossly in violation of traffic regulations and recklessly "in order to reach the highest possible speed".
Since it is unclear, according to the criminal judge, what exactly is meant by this, the norm violates the Basic Law: The certainty requirement contained therein provides that it must be clearly recognizable for each criminal norm when the threshold to a criminal offense is exceeded.
In the opinion of the Federal Constitutional Court, it is quite possible to recognize this in the case of the "single speeder crime".
The term "maximum speed" can be interpreted by the district court with the help of the legal materials.
These show that the road, visibility and weather conditions should be used to determine this "maximum speed".
The wording of the intention feature also allows that single speeders can also have other motives - such as the planned posting of a video on the Internet.