The Driving Ban for Non-Traffic-Related Offenses

• In Event: Sentencing 3. Alternative Sanctions

Abstract

The additional sentence of a non-traffic-related driving ban exists in Germany since 2017. Since then, it has been possible to sentence not only road traffic crimes with a driving ban, but any type of crime. The introduction has been criticized as there is no longer a connection between the type of sanction and the crime. It was also criticized that the driving ban cannot be applied to everyone. At the same time, it was argued that the introduction of the non-traffic-related driving ban was meant to close a gap in the system of sanctions. This should be done in such a way that people can be additionally sentenced with a driving ban, for whom the fine in particular does not have the intended effect. This talk is to illustrate the acceptance of this reform in practice. The official prosecution statistics do not provide enough information about non-traffic-related driving bans in Germany. Therefore, all judges and public prosecutors throughout Germany were asked about the frequency of use of the non-traffic-related driving ban. At the same time, reasons for or against the use of the ban were asked. This means that the practical relevance of this type of sanction in the German system of sanctions can be explored for the first time. In addition, the opinion of those actors in the criminal justice system who can use the non-traffic-related driving ban can be presented with regard to the arguments for and against its use.

Author

• Tim Nicklas Festerling, University of Leipzig