Enlarge image
Martin Winterkorn 2019: Investors informed too late?
Photo:
Christian Kolbert / imago images / kolbert-press
The public prosecutor's office was successful with their complaint, ex-Volkswagen boss Martin Winterkorn may have to answer in court in the diesel scandal.
The Higher Regional Court (OLG) Braunschweig has decided that the regional court may not want to resume the proceedings against the 74-year-old for possible violations of the Securities Trading Act.
The first criminal senate of the OLG instructed the regional court to decide again on the application of the public prosecutor, as stated in a court announcement.
In January 2021, the Braunschweig Regional Court ruled that the proceedings against Winterkorn should be discontinued because of the threat of a significantly higher sentence in the diesel manipulation fraud process, which is also ongoing in Braunschweig.
However, this expectation was not fulfilled, as the case against Winterkorn was separated from the criminal proceedings due to his health condition.
Fraud process is slow
In the market manipulation proceedings, Winterkorn was accused of allegedly informing investors too late in the diesel scandal.
His lawyer had "resolutely" rejected the accusation that his client knew early on about the impending extent of the diesel crisis.
Under pressure from the US Environmental Protection Agency (EPA), Volkswagen admitted almost seven years ago that it had manipulated diesel exhaust gas values using software.
This ensured that the engines complied with the nitrogen oxide limit values on the test bench, but emitted significantly more of these toxic exhaust gases on the road.
The reparations have cost Volkswagen more than 32 billion euros so far, mainly for penalties and compensation payments in the USA.
The fraud trial against four former Volkswagen executives before the district court has been progressing slowly for months because witnesses mostly exercise their right to remain silent.
In addition, numerous hearings had to be canceled due to the corona pandemic.
So far it is unclear whether Winterkorn, who resigned in the scandal, has to appear before the court.
In the proceedings for possible violations of the Securities Trading Act, it is also not clear whether Winterkorn will appear in court.
The Senate did not make a final decision on this with its decision.
Whether it comes to a retrial is up to the district court.
Apr/Reuters
