Citation

Artkamper H. Blutalkohol 2000; 37(5): 308-320.

Copyright

(Copyright © 2000, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

The resolution passed by the OLG Cologne deals with several practice oriented procedural and material problems. In particular with regard to drink driving a restriction of the means of legal redress on the legal consequences usually fails to lead to the horizontal legal status. Here too, the general parameters of criminal responsibility can be applied, while personal achievement is given particular attention. With regard to the question of intent neither forensic research nor jurists have been able to come up with unequivocal criteria. Empirical evidence doesn't apply and circumstantial evidence turns out to be a punishment factor on closer inspection, which opposes a schematic sentencing of drink drivers.