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hit and run, Part 3: Punishment and punitive

Part 3: What are the legal consequences of the meeting caused the accident?

• criminal consequences

The hit and run is a misdemeanor in the criminal sense. is laid down in § 142 I StGB that the unauthorized removal from the scene - like the hit and run law is-punishable by up to three years imprisonment or a fine is

At sentencing, or after a penalty. the court may additionally ban according to § 44 StGB impose. The duration of the ban depends on the one after the damage suffered and the other of whether during the accident flight people were injured. It is usually in damage between 200 and 500 € a month, likely to damage up to 900 € with three months driving ban. The period of the ban begins to run when the license is taken into official custody.

In some cases threatens the withdrawing the license . This could also at major property damage and Threatening bodily harm. Property damage must usually have exceeded € 1,300, to be significant (LG Berlin, DAR 2005, 467). The property damage incurred in this case includes repair and towing costs, expert costs and the depreciation of the victim vehicle (OLG Dresden, NZV 2006, 104; LG Berlin, NZV 2007, 537). Did it further in the accident to an injury, can be expected to manage 12 months without driving. The combination with a drunk driving has a negative impact for those affected.

If the conditions for a conviction under § 142 Criminal Code before, can lessen the court nevertheless referred § 142 IV StGB the sentence or even be exempt from punishment. For this you would need as involved in the accident within 24 hours, the findings of their personal data have allowed the police. have occurred, in which only a minor material damage (to a maximum of 1300 €: LG Bielefeld, NZV 2002, 48) also needs some of the traffic accident "out of moving traffic" - - typically when entering or leaving a parking space has been created. The so-called "active repentance" but offers no means the opportunity for the to release an accident resulting obligations. Again, that others fleeing the accident and your driver may have watched and you will be investigated by the police, but before you meet your statement requirement. In this moment you can no longer rely on § 142 StGB IV. Therefore may not IV § 142 are interpreted as "carte blanche". It is recommended that in the event of an accident, immediately seek an attorney.


also the keeper of a vehicle can make the illicit guilty after a road accident. The at the accident site present holder and owner of a motor vehicle which by him to drive the same enforcement caused the accident does not prevent from proceeding further with his vehicle, although this can be possible to ensure complicity in illicit a road accident (including OLG Frankfurt Main Decision of 27.11.1996 - 3 Ss 364/96 ).

The accused have the right to legal defense. This right should be used in all cases. Especially are strongly advised not to make any statement to the police or other law enforcement authorities could not take your lawyer before access to the investigation file. From this follows only what damage has occurred and whether there are witnesses, and above all, this results only the specific allegation. Only after having regard to all the circumstances, your lawyer, your case for developing effective defense strategy. Since the charge of unauthorized removal from the accident also affected the offense right (driving ban, fines, points, log book edition, etc.), has specialized in the transport of the defense attorney is not isolated criminal conduct. The costs of proceedings shall usually your legal expenses.