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Coercion in road traffic

Drivers are permitted to drive at high speeds on German motorways, and many take full advantage of this. However, this often leads to speeding and reckless behaviour, such as tailgating the car in front because it is not driving as fast as the driver would like.
German criminal law recognises the following criminal offence in this regard: coercion within the meaning of Section 240 of the German Criminal Code.

But when is this actually fulfilled?

Coercion occurs when one person intentionally attempts to induce another person to behave in a certain way. In this case, the aim is to clear the lane more quickly.
The examination is divided into subjective and objective components, but the focus here is on the former. This is because someone without the intention (i.e. dolus directus) is not usually guilty of coercion, as this intention must be present. Consequently, not all behaviour, such as flashing your headlights, tailgating or sudden braking, constitutes coercion. A road user who overtakes recklessly, pulls back in to the right after overtaking, and then brakes suddenly in front of the vehicle behind is not directly punishable under Section 240 of the German Criminal Code. Incidentally, the Higher Regional Court of Hamm (Ref. 5 ORs 41/25) recently dealt with this issue.

However, the Criminal Code covers more than just this one offence. There are other offences, such as Sections 315b et seq. of the German Criminal Code, which can hold reckless road users accountable.

In any case, it is important not to jump on the bandwagon and behave in an equally unlawful manner. Consequently, one should not coerce the coercive person in the same way, as this would not improve one's position.

Source: Pixabay/speedometer-653246_1280