Traffic criminal law
Charge of leaving the scene of an accident, so-called hit and run
Case discontinued under sect. 170 (2) StPO
In a recently concluded case we were able to refute the charge of hit and run under sect. 142 StGB (German Criminal Code). Our client was accused of having left the scene of an accident without permission. The defence set out that there had been no intentional conduct: our client had not noticed that one car door had knocked against another. The public prosecutor's office discontinued the case.
Because the case was discontinued, our client was spared the withdrawal of his driving licence and a criminal record.
What section 142 StGB requires
Anyone who leaves the scene of a road traffic accident before it has been possible to establish their identity, vehicle and involvement commits an offence under section 142 StGB. Where nobody is present to record those details, a reasonable time must be spent waiting. What is reasonable depends on the time of day, the location and the extent of the damage.
Anyone who drives on after that waiting period must enable the details to be established without delay afterwards, for example by reporting to the police. A note left on a vehicle is not enough. Where the accident occurred outside moving traffic and the damage is minor, section 142 (4) StGB provides for active repentance if the details are supplied voluntarily within 24 hours.
What this can mean for the driving licence
The criminal court may withdraw the driving licence under sections 69 and 69a StGB and set a period before a new licence may be issued. A provisional withdrawal under section 111a StPO is possible during the investigation. A driving ban under section 44 StGB is a further possibility.
Independently of that, the licensing authority examines fitness to drive. These are two separate procedures with their own deadlines and their own decisions. This is general information on criminal proceedings and does not replace advice on an individual case.
Provisions: § 142 StGB
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.