Hagen District Court: Running over a corpse is not an accident within the meaning of the law!

Hagen District Court: Running over a corpse is not an accident within the meaning of the law!

The case that recently dealt with the Hagen district court is causing a stir in the legal world. On April 19, 2025, a driver in Iserlohn ran over the body of a deceased senior citizen while driving on Pastorenweg. Her decision to leave the scene after the incident led to a criminal trespassing lawsuit that ended in a surprise verdict. As Law and Politics reports, driving over a corpse is legally not an “accident” within the meaning of Section 142 of the Criminal Code.

In detail, the judges found that there was a lack of relevant damage. From a legal point of view, a dead body in no way represents an asset worth protecting. The sense of piety of the relatives also does not constitute compensable damage according to the provisions of the Criminal Code. It therefore remained unclear whether the value limit of 1,500 euros, which would be necessary for the application of Section 142 of the Criminal Code, was exceeded. As the linked source pointed out, this standard is considered a road traffic offense, aiming to protect the private interest in investigating the accident, and not traffic safety or law enforcement per se.

The relevance of Section 142 StGB

With Section 142 StGB we get an interesting legal construct. This paragraph regulates unauthorized removal from the scene of an accident and sets out certain obligations for those involved in the accident. Staying at the scene of an accident makes it possible to make findings, even if you believe you have committed a crime. The law also indicates that an accident does not necessarily have to result in actual damage, as the Juracademy explains.

The legal considerations regarding the definition of an accident also show that an incident like the one in Iserlohn raises complicated legal questions. According to the guidelines, in order to be punishable at the scene of an accident, not only ethical but also clear legal guidelines must be observed. In the present case, it was the lack of relevant harm that led to the dismissal of the prosecution's application.

A look at the traffic accident statistics

The traffic accident statistics impressively show how important sufficient data on traffic accidents is. According to Destatis, these statistics provide a basis for legislative measures. Not only are the factors that determine the accident analysed, but also those involved and their vehicles are recorded. The results serve to improve traffic education, infrastructure and the technological development of vehicles.

The situation that was observed in the case of the Iserlohn driver is not an isolated case. With thousands of traffic accidents registered in Germany every year, the issue of traffic safety remains urgent. There are complex relationships that cannot be ignored between human life that is worthy of protection and legally regulated obligations at the scene of an accident.

The verdict of the Hagen District Court will certainly not only affect this case constellation, but will also trigger far-reaching discussions about the handling of human remains in the legal system. It remains to be seen how the judiciary will respond to such challenges.