Section 142 German Criminal Code · Berlin

Accused of leaving an accident scene?

The allegation, evidence and potential consequences for the driving licence should be reviewed before any statement.

Call criminal defence

Stop and enable the required findings

Do not simply leave. Stop, secure the scene, establish the consequences and assist injured persons. Call 112 for injury or immediate danger. In an ordinary accident with an unclear situation, contacting the police is generally advisable. A call alone does not automatically replace duties to wait and enable findings.

Accident duties and the right to silence

Other persons present who are involved or have suffered loss must be told of your involvement. On request, name and address must be provided, the licence and registration document shown, and available insurance information given.

Beyond those statutory duties, an accused person is not required to incriminate themselves or voluntarily assist in proving an allegation. Avoid premature statements about causation, fault, speed, alcohol, drugs or another alleged offence.

Separate criminal-law conflict

No voluntary assistance on the other allegation – but a separate section 142 investigation may result.

A person may wish to leave because they do not want to be identified, found or arrested in another matter. They are generally not required voluntarily to disclose that unrelated allegation or, beyond existing legal duties, assist in proving it.

This does not create a right to breach the independent accident duties. Leaving before the required findings have been enabled, or before waiting a reasonable period where nobody is ready to make them, may create an additional allegation of leaving the scene. The wish to avoid detection or arrest in another matter does not generally justify leaving.

Liability under section 142 is not automatic. The accident, involvement, intent, departure and the precise opportunity for findings must all be assessed. Obtain immediate criminal-law advice without delaying urgent duties.

Do not submit details of an unrelated allegation through the online form. Call for the initial confidential discussion.

Subsequent findings

A person who leaves after a reasonable waiting period, or who leaves justifiably or excusably, must enable the findings afterwards without culpable delay. At minimum, the entitled person or a nearby police station must receive notice of involvement, address, current whereabouts, registration number and vehicle location. The vehicle must remain available for immediate findings for a reasonable period.

The 24-hour provision is not a general exemption

It applies only, subject to further conditions, to accidents outside moving traffic resulting solely in non-significant property damage and concerns mitigation or dispensing with punishment.