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Introduction to German Law at the University of Miami
Here are the links that were mentioned in class:
http://www.germanlawjournal.com/about_glj.php
http://www.words-worth.de/robin/german-law/
http://www.ll.georgetown.edu/find/resource_display_subject.cfm?topic_id=328
http://www.iuscomp.org/gla/index.html
Hypo for Criminal Law:
Next week we will be discussing the following German criminal law case:
While driving around in his car Arnold sees the parked car of his neighbor. Since
he dislikes the man a lot he runs into the back of the car at a very low speed to
cause some minor damages. Afterwards he immediately drives away.
Please read the following provision of the German Penal Code and try
to think of arguments whether there was an "accident in road traffic"
in our case as the statute requires.
Section 142 Unauthorized Leaving of the Scene of an Accident
(1) A participant in an accident who, after an accident in road traffic, leaves the scene of the accident before he:
1. has made possible, on behalf of the other participants in the accident and the persons suffering damages, the determination of his identity, his vehicle and the nature of his participation through his presence and a statement that he participated in the accident; or
2. has waited an appropriate period of time under the circumstances, during which no one was willing to make such determinations,
shall be punished with imprisonment for not more than three years or a fine.
(2) A participant in an accident shall also be punished under subsection (1), if he:
1. after expiry of the waiting period (subsection (1), number 2); or
2. justifiably or excusably left the scene of the accident and subsequently does not promptly make the determinations possible.
(3) The participant in the accident satisfies the obligation to subsequently make the determinations possible, if he informs the authorized persons (subsection (1), number 1) or a nearby police station, that he participated in the accident, and if he states his address, whereabouts, as well as the license plate and location of his vehicle, and makes it available for prompt determinations for a reasonable time. This shall not apply if he intentionally obstructs the determinations by his conduct.
(4) The court shall mitigate the punishment (Section 49 subsection (1)) in cases under subsections (1) and (2) or may dispense with punishment under these provisions if the participant in the accident subsequently voluntarily makes the determinations possible (subsection (3)) within twenty-four hours after an accident which did not take place in flowing traffic and which resulted exclusively in insignificant property damage.
(5) A participant in an accident shall be deemed to be anyone whose conduct under the circumstances could have contributed to causing the accident.
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