Each traffic accident remove never illicitly
Fahrerflucht under § 142 StGB
The crime of hit and run is in the Criminal Code (CC) is not explicitly present, but is referred to as "Unauthorised removing from the accident" and is in § 142 of the Criminal Code laid down.
- According to this paragraph two basic offenses are fined, where a person involved in the accident away from the accident scene in paragraph 1.
- Firstly, the one involved in the accident will be punished, which has not communicated his personal details and a description of the vehicle involved and the type of accident involvement to persons or injured also involved in the accident before removal.
- Secondly, the removed makes also an offense if he indeed may not invoke the mandatory information necessary because none of the other participants or victims are present, as well as adequate time waiting until they get to the accident site.
- A clear definition of what is meant by "reasonable", it does not exist, and depends mainly on the nature of the damage from. Basically, the cause of the damage should wait at least 30 minutes after general jurisprudence and wait even longer under certain circumstances, if there is a greater harm. The principle here is: The longer wait the better.
- However, it is possible only in exceptional cases in accordance with paragraph 2, to remedy the failings of the waiting time by the findings to be submitted immediately. This would be the case for example if, due to a medical emergency, a waiting time is not possible.
- Although not mean "immediately" that the accident must be reported immediately, however, this favoring no carte blanche is so that the removed later than the evening of the same day or at night during an injury should best report in the morning. Otherwise a culpable delay is in accordance with § 121 of the Criminal Code before.
- Only in exceptional cases, a voluntary register even after 24 hours is possible, so that the penalty may tempered by discretion of the court or even fail completely, if favoring under paragraph 2 does not intervene, so if a legitimate or apologetic removal is absent.
- According to paragraph 4, this is only the case if the police does not enter into substantive investigation, the accident outside the traffic flow has occurred and the damage is not significant.
- It is generally held that this limit is about 1,300 euros.
Possible penalties for a hit and run
In §142 Penal Code not only the basic facts, but also the possible penalties are set.
- So basically threatens either a fine under § 40 of the Criminal Code or imprisonment of up to three years in accordance with § 38 of the Criminal Code in a criminal behavior.
- depending on the type and severity of the hit and run - - In addition, it is possible that the license in accordance with § 69 of the Criminal Code shall be withdrawn and obtain a license pursuant to § 69a of the Criminal Code is blocked.
- The license is usually withdrawn in any case, if another person was not insignificant injuries or even fatalities or more than not insignificant damage.
- In addition to the criminal consequences threaten sanctions for offenses under the Bußgeldkatalog regulation - as a fine, a driving ban or up to 7 points.
- Recently also consequences for the individual insurance companies are to be expected. By Fahrerflucht the information obligation is violated, so that the liability insurance initially cover the costs, but these then reclaims, and the damage is not covered by insurance.