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Lawyer here in Germany. I don’t actually know the answer. However, criminal law and civil law regulate different relationships. Criminal law regulates the relat
by leobg 4y ago
Lawyer here in Germany. I don’t actually know the answer. However, criminal law and civil law regulate different relationships. Criminal law regulates the relationship between the state and the individual. Civil law regulates the relationships between individuals. Criminal law is bound much more closely by the constitution. Specifically, the state may not punish an individual for engaging in lawful behavior. So while another citizen may raise the objection, “But you chose to drive this two ton machine knowing full well that it was capable to inflict harm on other people even when driven with the greatest care”, the state may not. Also, for civil liability, there is (mandatory) insurance. You, as a driver, do not usually end up paying for this (provided that you have not been negligent in your conduct of the machine). Criminal law, on the other hand, always hits you as the individual. You cannot insure against it. This is to say that, if the same standard were applied in criminal law, nobody could afford to drive a car, or operate any dangerous equipment at all, because one mistake, or even just one instance of bad luck, could land you in prison.