BMW Diesel: No fraud, no Manipulation, 10 million penalty

The Munich public Prosecutor’s office has the investigation to faulty Software in BMW Diesel engines are, apparently, been largely completed. As the Süddeutsche Zeitung reports, there is no fraud, no Manipulation, and, in General, not with the VW scandal comparable misconduct discovered. Instead, the BMW Group was able to demonstrate clearly credible evidence that the mistakenly Software on a total of 7.600 vehicles actually on human error, was by no means a result of conscious Manipulation or fraudulent intentions.

Against payment of a fine in the amount of 10 million euros, the Prosecutor’s office was ready to stop the investigation. Thus, the Mistake would be to represent a quite expensive sloppiness for the BMW Group, compared with the penalties for the conscious manipulation of the other car manufacturers in the amount but it is a very low – Volkswagen pays in Germany alone, a hundred times as a punishment, many of the procedures against the responsible persons.

The Basis for the penalty payment in the “lower double-digit million range” would be the law about an administrative offence, because, the BMW Group has been violated by the Installation of the wrong Software, your Supervisory duties. The charge had to see closer and better attention, it would not come from the point of view of the Prosecutor’s office to the error.

It is still unclear whether the BMW Group, the criminal agrees to payment in the amount of 10 million euros, or prefer it to litigation. Here, the Prosecutor would have to prove that there has been Provided a decreased partitionable violation of Supervisory duties.

The BMW Group had informed the Federal motor transport authority in February that about 11,000 vehicles in the M550d and 750d Triturbo-Diesel in the case of Software Updates in workshops may be in error, a wrong Software. The actual number of affected vehicles is now down to 7.600. The wrong Software was meant for other models with the same engine, therefore the exhaust gas purification was tuned for a different configuration of cleaning elements. The wrong Software installed, either in practice or on the test bench advantages, which is why a deliberate Manipulation from the beginning, appeared very plausible.

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