A German court has suspended proceedings in the trial of former Volkswagen CEO Martin Winterkorn, who has been charged with fraud and market manipulation in connection with Volkswagen's use of rigged software that let millions of diesel-engine cars cheat on emissions tests.
The regional court in Braunschweig on Tuesday cited an unspecified health issue that meant Winterkorn, 78, was not in a condition to face trial.
The court said in a statement that it had "provisionally terminated” the proceedings. It said the health issue represented a “temporary impediment” and would continue to be reviewed with the help of an expert so that proceedings could resume if Winterkorn recovers.
Winterkorn went on trial in September, 2024 but the proceedings were suspended a few days later after Winterkorn had an accident.
Germany's code of criminal procedure allows for a court to provisionally terminate proceedings “if the absence of the indicted accused or some other personal impediment prevents the main hearing being held for a considerable time.”
Prosecutors say Winterkorn knew about the illegal software well before the U.S. Environmental Protection Agency announced its discovery of the violation in September 2015. He resigned days later. He has said he learned about the practice only shortly before the announcement and earlier testified during civil proceedings that the allegations against him “are not correct.”
In May, four former Volkswagen managers were convicted of fraud and two of them given prison sentences for their part in the manipulation of emissions controls.
The former head of diesel development was sentenced to four and a half years in prison, and the head of drive train electronics to two years and seven months by the court in Braunschweig. Two others received suspended sentences of 15 months and 10 months.
The company has paid more than $33 billion in fines and compensation to vehicle owners. Two VW managers received prison sentences in the U.S. The former head of the company’s Audi division, Rupert Stadler, was given a suspended sentence of 21 months and a fine of 1.1 million euros ($1.25 million). The sentence is still subject to appeal.
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