Bus driver abandons robbery victim – trial before the Dachau district court!

Bus driver abandons robbery victim – trial before the Dachau district court!

A striking incident attracted a lot of attention in Dachau: A 53-year-old bus driver, Xherdan Paqarada (name changed), had to answer at the Dachau district court for failing to provide assistance. The incident, which occurred at 4:45 a.m. on May 11, 2024 at Dachau train station, raised not only legal but also ethical questions.

While Paqarada was driving an articulated bus on route 710, a robbery occurred. A passenger abused a 22-year-old and stole his cell phone. In a critical situation, in which the 22-year-old desperately knocked for help and pushed Paqarada aside to protect him, Paqarada did nothing and simply drove away. Instead of intervening to defend the victim, Paqarada focused on pulling the attacker's bike out of the bus door and getting behind the wheel again.

Legal framework

But what exactly does the legal situation say about failure to provide assistance? According to Section 323c of the Criminal Code, everyone is obliged to provide assistance in the event of an accident, as long as this is possible without endangering themselves or others. Failure to assist in an emergency situation can result in serious legal consequences, including up to a year in prison or a fine. However, those providing assistance are granted legal protection if their intervention would be dangerous or impossible.

In the case of Paqarada, the Fürstenfeldbruck police initially investigated the passenger they saw for robbery, who has since been convicted. The accused bus driver was questioned as a witness, but the extensive video recordings ultimately led to him being considered a defendant. A fine of 2,800 euros for failure to provide assistance was issued, which he appealed.

Insights into the process

During the trial, Judge Stefan Lorenz stated that Paqarada's interrogation had not proceeded correctly. The defendant claimed that he did not notice the altercation and incorrectly assumed that the 22-year-old simply wanted a ride. One aspect that resonated with the court was the admission by the interrogating police officer that better information about the legal situation would have been necessary.

However, the main evidence in the trial remains the video documenting Paqarada's passivity during the attack. Judge Lorenz emphasized that he should have made an immediate report to the transport company's head office. In the end, the judge offered to stop the proceedings in exchange for a fine of 2,000 euros, which will benefit the German Child Protection Association.

After these stressful events, Paqarada seems to be facing a change in his professional career, as he states that he no longer wants to work as a bus driver and is instead looking for a job as a truck driver.

In the broader discussion about failure to provide assistance, it becomes clear how important it is to be aware of one's own responsibility and to act in emergencies. Everyone has a duty to provide assistance if this is possible without significant risk to themselves. A note that is as important as ever in the legal system and in society.

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