Key legal question
Whether a police officer commits aiding an offender by not reporting a traffic offence
Extracted holding
No. The officer must have helped a person escape prosecution or punishment; mere non-reporting is only punishable if there was a duty to report and the officer had sure knowledge of the offence.
Extracted reasoning
Art. 305 StGB can cover omission only where a guarantor duty exists. § 75 StPO requires police to report offences known to them, but mere suspicion is insufficient. In this case it was not proven that the officer had certain knowledge of C.E.'s violation.