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Fatal accident in Schweinfurt: 35-year-old guilty despite 2.09 per mille?
In the case of a fatal accident in Schweinfurt, a 35-year-old is considered guilty despite driving under the influence of alcohol.
Fatal accident in Schweinfurt: 35-year-old guilty despite 2.09 per mille?
A tragic accident that shook the city of Schweinfurt in February 2025 could now have far-reaching legal consequences. One person was killed in a traffic accident at the intersection of Niederwerrner Strasse and Franz-Schubert-Strasse, and a 35-year-old is suspected of having caused the accident. Loud Main Post A blood sample from the man taken at 10:56 p.m. showed an alarming alcohol level of 2.09 per mille. At the time of the accident, which occurred more than an hour earlier, this value may have been even higher. This raises the question of how high levels of alcohol consumption affect the defendant's culpability.
The psychiatric expert who examined the 35-year-old's behavior is of the opinion that his ability to understand and control his behavior was not significantly impaired despite being drunk. This could be important for him, since according to German criminal law, alcohol levels of 2.0 per mille and more can lead to reduced culpability in accordance with Section 21 of the Criminal Code, but not necessarily to the exclusion of criminal liability, as strafrecht-bundesweit.de explained.
The relevant alcohol limit
The details of this legal situation are crucial: Loud strafrechtsiegen.de Reduced criminal responsibility can already be determined at an alcohol content of 2.0 per mille, although decisions must be made on a case-by-case basis. In the case of homicide, such an assessment is usually only to be expected from 2.2 per mille. The 35-year-old therefore has the potential to fall under this regulation if legal proceedings arise.
Additionally, it is important to note that the assessment of evidence in alcohol-related crimes is often complex. Misinterpretations or inaccurate measurement results can have fatal consequences. A recent ruling by the Berlin Court of Appeal showed that breath alcohol levels are often mistakenly viewed as decisive for guilt, even though they only have an indicative effect. Clarifying these boundaries is crucial to the outcome of the proceedings, not least in an incident of such tragic gravity.
The upcoming legal steps are therefore being followed with excitement as the 35-year-old waits for the outcome of his defense and the exhausting argument about his culpability. A thorough look into the circumstances – before, during and after the incident – will be essential for a fair trial.