In the Munich criminal case that has been ongoing for more than two and a half years diesel scandal at Volkswagen the former head of engine development at Audi, Wolfgang Hatz (64), made a confession. It is true that he and two other employees had the forbidden control software installed, Hatz had his defense attorney explain on Tuesday before the Munich II Regional Court. It is still open whether the co-accused earlier Audiboss Rupert Stadler (60) will also make a confession.
Hatz explained that when the software was installed, he “recognized and accepted” that it would be considered an illegal defeat device in Germany and that it could violate the law applicable in the USA. He regrets that he did not behave in accordance with his responsibility. The presiding judge Stefan Weickert said to the confession, which was made shortly before the conclusion of the taking of evidence in the mammoth trial: “This is a turning point”.
According to the judge, a non-public legal discussion with all those involved in the process is to take place on Tuesday afternoon regarding the role of former Audi boss Stadler. Like Hatz, Stadler has so far denied all allegations by the public prosecutor.
In March, the court had given those involved in the trial the prospect of suspended sentences if they confessed. According to the court, possible penalties were discussed during a legal talk last week.
Engineer Giovanni P. should receive a suspended sentence
In the case of the engineer Giovanni P., an agreement was reached on Tuesday. P. should therefore be sentenced to a suspended sentence of between 18 and 24 months and pay a fine of 50,000 euros. In the case of Hatz, the court and defense also advocated a suspended sentence of 18 to 24 months, and he should also pay 400,000 euros.
While the prosecutor agreed to P. on Tuesday, they rejected a suspended sentence for Hatz, as prosecutor Nico Petzka explained. Because of the late timing of the confession, he no longer believes that a suspended sentence is justified for Hatz. This leaves open how the court will decide at Hatz. A verdict is expected in the coming months.
According to the legal talks so far, Stadler is also up for a suspended sentence of 18 to 24 months. In his case, the public prosecutor’s office signaled that they could live with this range of punishment. However, a prerequisite for this is a confession from Stadler. In addition, the amount of a possible money requirement is disputed – the public prosecutor’s office is asking for a possible seven-digit amount.
According to the court, against such a fine in the millions, Stadler’s defense argued in the legal talks that it had fallen from “100 to 0” and that in 2022 he no longer had any taxable income. According to the defense attorneys, the former Audi boss still earns income from renting and leasing real estate.
The Munich trial of the diesel scandal has been running since September 2020. The public prosecutor’s office accuses the accused of fraud, among other things. Stadler is said not to have stopped selling manipulated Audis after learning about the banned software. Originally four suspects were charged; the case against a defendant was dropped on payment of a fine.
The process is one of the most prominent legal proceedings in dealing with the diesel scandal at Volkswagen and the subsidiary Audi. The scandal involving millions of manipulated emissions values was exposed in September 2015. The Munich criminal trial has been running since September 2020.