Article presents the case of »Berlin drag race road accident«, in which the Fe-
deral Supreme Court of Germany
(BGH) created a set of value decision
bullet points on which a court should rely when valuing the most extreme
negative behaviours in road traffic, especially in the field of mens rea. The core of the article presents
arguments that require
the court to construct legal intent (do-
lus eventualis) with using the circumstances of exposure to self-risk of
harm. When this self-hazardous behaviour results in damage to a criminal
law good, the court should value the volitional component of dolus eventualis as proven. The other field that requires
a construct of dolus eventualis
is perpetrator’s mo- tives for the act, in the case that they were considered as utterly discarding (hi- ghering ones self-worth through winning the illegal drag
race) from the view of the court, the court should consider that the
perpetrator acted with legal intent (dolus eventualis). In the article,
the authors also research the problems
of meeting qualifying circumstances that constitute murder with legal intent (dolus eventualis). There is also a small-scale comparative research in the field
of road traffic criminal law between German and Slovenian
road traffic crimi- nal law. Slovenian Penal Code
deficits in the field of road traffic criminal law are pointed out.
Key words: criminal substantial law, dolus eventualis, murder, road traffic,
illegal drag races,
comparative law analysis.