Key legal question
Whether Art. 66bis StGB allowed exemption from punishment despite the defendant's culpability and the multiple fatal and serious injury consequences of the accident.
Extracted holding
Exemption from punishment was permissible because the defendant was exceptionally and directly affected by losing his long-term life partner, making punishment objectively inappropriate and pointless.
Extracted reasoning
The court held that culpability under Art. 63 StGB must first be assessed, then compared with the direct consequences for the offender. No average standard applies; the decisive question is whether punishment would appear so inappropriate that basic justice requires foregoing prosecution. The death of a close person can, in principle, satisfy the severe impact requirement. Here, the loss of the defendant's wife caused a lifelong, exceptionally grave personal blow that outweighed the penal purpose, including general prevention.