Citation

Bonk HJ. Blutalkohol 1994; 31(4): 238-248.

Vernacular Title

Bindungswirkungen strafgerichtlicher Entscheidungen in verwaltungsbehordlichen

Affiliation

Richter am Bundesverwaltungsgericht, Berlin.

Copyright

(Copyright © 1994, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

7917174

Abstract

Overall it can be said that legal questions concerning the interaction of administrative and criminal legal proceedings, and decisions regarding the withdrawal of driving licences according to sections 4 StVG, 69 StGB, have as a norm, been solved. However, the binding effects of decisions dealt with by administrative offices and administrative courts regarding fines, are limited. This is due to the fact that the conditions for the withdrawal of driving licences as a criminal offence according to section 69 StGB do not coincide with those conditions for the administrative offices according to section 4 StVG. In this respect, opposing decisions in both legal proceedings can not be totally ruled out, and are possible, at least in certain cases. In some cases, irrespective of the outcome of the legal proceedings, this can be unsatisfactory for reasons of certainty about one's legal position. But due to the dual jurisdiction of the withdrawal of driving licences by criminal offices and criminal courts on the one hand, and administrative courts on the other hand, it is calculated normatively.

Language: de