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CRIME

High court overturns murder charge for Berlin street racers

The Federal High Court on Thursday overturned a landmark ruling by a Berlin state court, which last year convicted two men for murder after they killed a man in an illegal street race.

High court overturns murder charge for Berlin street racers
The crash debris in western Berlin. Photo: DPA

The constitutional court found there was insufficient proof that the men had intended to take a life, which is a condition for a murder, rather than a manslaughter, conviction.

The court sent the case back to a lower court in the capital Berlin, where the landmark verdict was originally handed down in February 2017.

Hamdi H. and Marvin N. were then each sentenced to a maximum jail term of 15 years for their deadly race on February 1st 2016, but can now hope for a lesser conviction of negligent homicide.

The two, aged 24 and 26 at the time, were racing through western Berlin near the city's landmark KaDeWe shopping centre and running a series of red lights when Hamdi H. crashed at 160 kilometres (100 miles) per hour into a jeep.

The jeep's 69-year-old driver was killed instantly as his vehicle was hurled 70 metres (230 feet) down the road.

The prosecution argued that the two young men had casually accepted that they may kill someone, and that the crash car was effectively a “murder weapon”.

The defence lawyers had pleaded for a manslaughter conviction for Hamdi H. and a lesser charge of endangering street traffic for Marvin N.

During the original trial, a psychologist described one of the defendants as “extremely overly self-confident” and said he was determined to “win in order to boost his ego”.

Since the high-profile Berlin case, German laws have been toughened and illegal street races can now be punished by up to 10 years jail.

However, the higher sentences cannot be retroactively applied to the Berlin street race case.

CRIME

How politically motivated crimes are rising in Germany

Crimes with political motivations have risen in Germany according to police data, with cases of right-wing extremism making up the majority of crimes reported last year.

How politically motivated crimes are rising in Germany

Germany’s Criminal Police Office (BKA) registered 60,028 politically motivated crimes in 2023, the highest number recorded since records of this statistic began in 2001.

That’s almost two percent more politically motivated crimes than were recorded the previous year. But of those, 3,561 cases involved violence, which is approximately 12 percent less compared to 2022.

Interior Minister Nancy Faeser (SPD) presented the statistics this week. “We are seeing a new high in crimes directed against our open and free society,” she said according to Tagesschau. “We must show unequivocally that the rule of law does not accept this violence.”

Majority of political crimes classified as right-wing extremism 

With a total of 28,945 crimes, right-wing extremist-motivated cases made up the largest portion of political crimes in 2023 – up 23 percent from the year before.

There were 714 people recorded as being injured by right-wing extremist violence.

The President of the BKA, Holger Münch has previously emphasised that right-wing extremism remains the greatest threat to free democratic basic order in Germany.  

Although significantly less were recorded, left-wing extremist attacks also increased last year to 7,777 reported incidents.

Religiously motivated crimes increased by the biggest percent

Crimes registered as religiously motivated increased by the biggest proportion, up 203 percent from the previous year according to the BKA figures – to a total of 1,458.

The number of cases related to a foreign ideology also rose.

Anti-Semitic crimes also reached a new high last year with 5,164 offences being recorded (148 of these being acts of violence).

Conflict in the Middle East has certainly had an effect on domestic crime as well, with 4,369 crimes recorded as being connected. That figure is 70 times higher than the previous year, with more than half of them recorded after Hamas’ attack on October 7th. Of those, 1,927 were considered anti-Semitic by the BKA.

Public servants and asylum-seekers face increasing risk

The number of crimes against politicians and political volunteers also increased by 29 percent last year.

In recent weeks, a worrisome spike in both right- and left-wing attacks on politicians has been observed across Germany.

READ ALSO: Why are German politicians facing increasing attacks?

In her comments, Interior Minister Faeser warned that “a climate of violence” is being brought, especially by right-wing fringe groups.

Also motivated by right-wing ideologies were an increase in the number of attacks on asylum-seekers and refugees. Last year saw a significant increase in these attacks including 321 violent acts and 179 crimes against asylum accommodations registered.

Crimes targeting the “state” fell last year by 28 percent compared with 2022.

READ ALSO: Why experts say Germany’s rising crime rate is misleading

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