crime
Buschmann examines how to deal with hit-and-run without personal injury
Justice Minister Marco Buschmann wants to decriminalize hit-and-run without personal injury. photo
© Britta Pedersen/dpa
Previously, those involved in an accident who left the scene of an accident without permission had to expect a fine or up to three years in prison. That could change now – if no one is injured.
According to a media report, the Federal Ministry of Justice is considering no longer treating hit-and-run accidents without personal injury as a criminal offence.
Anyone who only causes property damage in a car accident and flees would then only commit an administrative offence, the editorial network Germany (RND) reported on Tuesday, citing a paper that the Ministry of Marco Buschmann (FDP) asked for a statement to professional associations and sent out by the state ministries of justice. “By downgrading the escape from an accident after pure property damage to an administrative offense, an undifferentiated criminalization of the person who caused the accident would be counteracted,” according to the RND in the paper.
However, a spokeswoman for the ministry emphasized when asked that the considerations were still at an early stage. She said: “It is important for the Federal Ministry of Justice to also include the arguments of relevant associations in its considerations. A decision as to whether and how a possible adjustment will take place has not yet been made.”
So far, fines or up to three years in prison are threatened
Currently, those involved in an accident who leave the scene of an accident without permission are punished with a fine or up to three years in prison. If the considerations from the Ministry of Justice are actually implemented, this could only apply to accidents involving personal injury in the future. As soon as there are physically injured people, it is always necessary “to remain at the scene of the accident and to identify yourself as a party involved in the accident,” according to the RND in the letter from the ministry. This applies “despite the self-incrimination associated with the self-report of the accident of an accompanying act that may have been carried out” – such as drunk driving.
Against this background, however, there are good arguments for refraining from punishing the failure to report the accident in the event of pure property damage, according to the RND report in the paper. Paragraph 142 of the Criminal Code, which regulates escape from an accident, breaks the principle of “impunity for self-indulgence”.
Previously, those involved in an accident had to wait a “reasonable amount of time” at the scene of the accident. As an alternative, the Federal Ministry of Justice is bringing the establishment of a reporting obligation and reporting office into play. “It would be conceivable, for example, to report via a standardized online mask, possibly also with images of the accident site and damage to be uploaded, or a damage report to be fixed on the damaged vehicle, which, if carried out properly, would not constitute an act,” according to the RND letter from the Ministry.