VW diesel scandal put to rest? – Quite the opposite: in regional courts Braunschweig A major process was initiated for the second time to shed light on emissions manipulation at Europe’s largest carmaker. The trial of the five defendants could drag on until the end of 2026 – are they still at risk of prison?
What is the process about?
Still regarding the legal process of one of Germany’s biggest economic scandals. More than ten years after the VW diesel scandal broke, five defendants are on trial to examine their possible criminal responsibility. Legally, the trial is intended to clarify the alleged contribution of the five defendants in the diesel scandal.
In September 2015 it was revealed that VW was falsifying measured values using hidden software code rather than using more expensive exhaust technology. This ensures that the test is completely clean, but emissions are many times higher during road use.
Shortly before the US Environmental Protection Agency (EPA) informed of the manipulation of diesel cars, VW admitted its test results were wrong. A few days later, the CEO resigned Martin Winterkorn returned, and the automaker was plunged into one of the biggest crises in the company’s history.
Who’s on the dock now?
Prosecutors described four men and one woman as former executives of the automaker. Through their “managerial positions” in “relevant departments” for illegal defeat devices, they are expected to protect themselves from defrauding customers and the authorities. Europe and America knows it.
The defendants are said to have wanted this procedure. Not only are they accused of being knowledgeable, they should be software has helped develop or has not intervened in further development.
The allegations relevant to the new trial date back to 2006. The defendants are said to have committed the crimes at different periods between November 2006 and September 2015. They are accused of wanting to provide maximum profits to the company because their bonus payments depended on this.
Is there a risk of prison?
The main trial in the 11th major criminal chamber was about commercial fraud combined with tax evasion and criminal advertising; Aiding and abetting these crimes is also possible. The Criminal Code provides for a prison sentence of up to five years for fraud alone; in very serious cases, sentences of up to ten years in prison are possible.
According to the court, the alleged fraud affected a total of about nine million vehicles. Through sales in Europe and United States of America There is a risk of financial losses of several billion euros.
The possible penalties for tax evasion are the same as those for fraud. The law provides for a prison sentence of up to two years for criminal advertising. The principle of presumption of innocence applies until the final verdict is handed down.
What decisions have been made so far?
In the US, arrest warrants and prison sentences are issued relatively quickly. The former VW manager’s lengthy prison sentence is long overdue.
In Germany, former Audi boss Rupert Stadler was sentenced to one year and nine months in prison with probation and a payment of 1.1 million euros in the first criminal conviction in Munich for fraud. Even though there was an agreement, the defense filed an appeal.
The first major fraud trial in Braunschweig ended in May 2025 with the conviction of four former VW executives. Two were sentenced to several years in prison and two were given probation. The former Head of Diesel Engine Development, for example, spent four and a half years in prison.
The economic criminal chamber of the regional court in Lower Saxony views the procedure as a very serious case of fraud and estimates the losses caused at around 2.1 billion euros. The convicts consider themselves pawns and have also filed an appeal. There is no legally binding German decision yet.
Proceedings against the second team?
The main criticism of the first fraud trial in Braunschweig was that former CEO Martin Winterkorn did not attend. “The order of sitting here without Mr. Winterkorn is a disaster,” a lawyer said at the time. “Facing responsibility for your own actions looks different,” criticized another lawyer. The Public Prosecutor also filed charges.
The case against Winterkorn was separated shortly before it started in September 2021 for health reasons. Separate proceedings against him were halted in 2024 after just days of negotiations due to health problems and then temporarily halted due to his inability to stand trial.
Within days of the trial, Winterkorn, who appeared to have scars from surgery, denied criminal responsibility. The former “Mr. Volkswagen denies the allegations against himself and saw his successful career damaged by the diesel affair. The presumption of innocence also applies in his case.
© dpa-infocom, dpa:251113-930-285680/1
