BRAUNSCHWEIG (dpa-AFX) - Has the VW diesel scandal been consigned to the history books? Quite the opposite: the Regional Court of Braunschweig is launching a major new trial to further investigate emissions manipulation at Europe's largest carmaker. The proceedings against five defendants could stretch until the end of 2026--will they still face possible imprisonment then?
What is the trial about?
The case continues the legal reckoning with one of Germany's largest corporate scandals. More than ten years after the exposure of the VW diesel affair, five defendants are in court to determine their potential criminal responsibility. Legally, the trial aims to clarify the alleged involvement of the five accused in the diesel scandal.
In September 2015, it emerged that instead of using more expensive emissions technology, VW had manipulated test results using hidden software codes. These ensured that vehicles were fully cleaned during tests, but emitted many times more pollutants during normal driving.
Shortly before the US Environmental Protection Agency (EPA) announced manipulations in diesel vehicles, VW admitted to falsified test results. A few days later, CEO Martin Winterkorn resigned, and the automaker plunged into one of the biggest crises in its corporate history.
Who is now on trial?
Prosecutors describe the four men and one woman as partly former executives of the carmaker. Through their "leadership positions" in departments relevant to the illegal defeat device, they are alleged to have known about the deception of customers and authorities in Europe and the US.
The defendants are accused not only of having knowledge, but of having wanted the scheme. They are alleged to have helped develop the software or failed to prevent its further development.
The charges relevant to this new trial date back as far as 2006. The accused are alleged to have committed the offenses during various periods between November 2006 and September 2015. They are accused of seeking to maximize company profits, as their bonus payments reportedly depended on this.
Is prison a possibility?
The main hearing before the 11th Grand Criminal Chamber concerns commercial fraud in conjunction with tax evasion and criminal advertising; aiding and abetting these offenses is also possible. For fraud alone, the penal code provides for up to five years in prison, and up to ten years in particularly severe cases.
According to the court, the fraud charges cover around nine million vehicles. The sale of these in Europe and the US is said to have resulted in financial damages amounting to several billion euros.
Penalties for tax evasion are in the same range as those for fraud. The law provides for up to two years in prison for criminal advertising. The presumption of innocence applies until a final conviction is reached.
What sentences have been handed down so far?
In the United States, arrest warrants and prison sentences were imposed relatively quickly. Lengthy prison terms for former VW managers have already been served.
In Germany, former Audi CEO Rupert Stadler was convicted in Munich in the first criminal judgment for fraud, receiving a suspended sentence of one year and nine months and a fine of 1.1 million euros. Despite a plea agreement, the defense appealed.
The first major fraud trial in Braunschweig ended in May 2025 with the conviction of four former VW executives. Two must serve multi-year prison sentences, while two received suspended sentences. The former head of diesel engine development, for example, must serve four and a half years in prison.
The Economic Criminal Chamber of the Regional Court in Lower Saxony classified the conduct as a particularly severe case of fraud, estimating damages at around 2.1 billion euros. The convicted individuals see themselves as scapegoats and have also appealed. None of the German verdicts are yet final.
Proceedings against the second tier?
Even during the first fraud trial in Braunschweig, a central criticism was that former CEO Martin Winterkorn was not in the dock. "The message of sitting here without Mr. Winterkorn is a disaster," said one defense attorney at the time. "Taking responsibility for one's own actions looks different," another lawyer criticized. The prosecution also filed a complaint.
The proceedings against Winterkorn were separated shortly before the start in September 2021 for health reasons. The separate case against him was already interrupted after a few days of hearings in 2024 due to medical issues and was later provisionally suspended due to incapacity to stand trial.
In the few days of hearings, Winterkorn, visibly marked by surgery, categorically denied any criminal responsibility. The former "Mr. Volkswagen" rejected the allegations against him and saw his successful career as damaged by the diesel affair. The presumption of innocence also applies in his case./bch/DP/zb
