Leaving the Scene of An Accident without Cause

Leaving the Scene of An Accident without Cause in Europe

Leaving the Scene of an Accident Without Cause in Germany

Provisions relating to leaving the scene of an accident without cause in the German Criminal Code [1]: This criminal issue is covered by Chapter Seven, under the heading “Offences Against Public Order,” located in Section 142 Leaving the scene of an accident without cause, which reads: (1) A party to a road traffic accident who leaves the scene of the accident before he has facilitated, on behalf of the other parties to the accident and any persons suffering injury or damage, the determination of his identity, his vehicle and the nature of his involvement through his presence and an statement that he was involved in the accident; or 1. has waited for an appropriate period of time under the circumstances,during which no one was willing to make such determinations, 2. shall be liable to imprisonment of not more than three years or a fine. (2) A party to an accident shall also be liable under subsection (1) above if he fter expiry of the waiting period 1. (subsection (1) No 2 above); or 2. justifiably or excusably left the scene of the accident but subsequently does not without undue delay make these determinations possible. (3) A party to the accident satisfies the obligation to subsequently make the determinations possible if he informs the persons entitled to receive such information (subsection (1) No 1 above) or a nearby police station that he was involved in the accident, and if he states his address and whereabouts as well as the licence plate number and location of his vehicle, and makes it available for prompt examination for a reasonable period. This shall not apply if he intentionally obstructs the determinations by his conduct. (4) The court shall mitigate the sentence (section 49 (1)) in cases under subsections (1) and (2) above or may order a discharge under these provisions if the party to the accident subsequently voluntarily makes the determinations possible (subsection (3) above) within twenty-four hours after an accident which did not take place in owing traffic and which resulted in merely minor property damage. (5) A party to an accident shall be deemed to be anyone whose conduct under the circumstances may have contributed to causing the accident.

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Notes

  1. The content of the translated German penal code in relation to leaving the scene of an accident without cause is current as of 2010

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