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Dead is dead – running over a corpse does not constitute leaving the scene of an accident, or what counts legally when there is nothing left to save.
The vigilance of the judiciary was put to the test in Hagen when a woman drove her car over an already deceased body—in other words, a corpse. She then left the scene. The public prosecutor’s office subsequently applied for a provisional withdrawal of the driving licence, citing the offence of unlawful leaving the scene of an accident (§ 142 StGB) and other provisions. However, the court rejected the application. The reasoning: there was no “accident in road traffic” within the meaning of § 142 StGB.
Legal foundations: § 142 and § 69 StGB
This delineates a boundary: between what is morally or in terms of respect for the dead problematic, and what may be relevant under criminal law.
§ 142 StGB – Unlawful leaving of the scene of an accident
This provision requires:
- An accident in road traffic: a sudden event typical of traffic that leads to damage to others that is not entirely insignificant.
- Person involved in the accident: a person who is involved in the accident, for example through a collision or direct impact.
- Leaving the scene of the accident without enabling findings to be made or without an appropriate waiting period, etc.
- There must be damage that goes beyond the trivial—be it property damage or personal injury.
Section 69 StGB – Withdrawal of the driving licence
This concerns when a court may withdraw a licence holder’s driving licence as a measure of security and rehabilitation. The key conditions are:
- The offence must be connected with operating a motor vehicle.
- The offender must be shown to be unfit to drive a motor vehicle; this unfitness often follows from the offence itself or from their subsequent conduct.
Reasoning of the court in Hagen
The Local Court of Hagen emphasizes for this specific case:
- No pecuniary loss: A corpse, so the reasoning goes, can no longer be the bearer of legal pecuniary interests to which a claim for damages could be directed. This removes a central element of the definition of an accident under § 142: third-party damage.
- Neither reverence for the dead nor the right of funeral care sufficed, the court held, to establish a compensable loss. A “significant damage” for the purposes of a driving licence revocation (§ 69 para. 2 no. 3 StGB) is also not objectively measurable or to be assumed in this case.
Significance for taxi operators and drivers
For everyone who is on the road a lot for work—such as taxi drivers—this decision is significant:
- It makes clear that not every unpleasant or morally questionable act automatically has criminal consequences. Whether § 142 StGB applies depends very specifically on the characteristics of the damage and on the status of the person involved in the accident.
- Revocation of the driving licence under § 69 StGB is generally examined when an accident involves substantial damage and/or people have been killed or injured. Running over someone already deceased, without other circumstances, does not suffice according to this decision.
Nevertheless: Even if no criminal offense is present, other legal consequences may exist, such as administrative offenses, responsibility toward authorities or insurers, or civil claims by relatives—but not under § 142 or necessarily under § 69 StGB.
Morality vs. law
This case underscores the separation between criminal culpability and moral responsibility. Just because something may be irreverent or deeply disturbing does not mean it is punishable. The law requires certain thresholds—such as harm and protected legal interests—that were not met in this case. So drivers should be aware: what is socially considered reprehensible does not always apply in law.
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