"Nothing devalues your car quite like your neighbor's new one."
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Our firm's day-to-day work covers a wide range of matters — from the smallest administrative offenses to representation in large commercial disputes, both out of court and at trial. Naturally, particular importance attaches to matters within criminal law. Here an attorney must always be extremely careful and attentive when choosing the best defense strategy for a client. They must draw on their full professional skill and experience to defend a wrongly accused client or, if the client is indeed guilty, to secure a fair and proportionate outcome. Liability in criminal cases is not limited to a case being discontinued for triviality or a fine — a case can end with someone losing one of the most fundamental rights they are born with: their liberty, for several long years.
Every resident of Germany, and even every tourist, should be aware that becoming the accused in a criminal case in this country is fairly easy. Criminal liability is provided for, among other things, offenses committed in connection with traffic accidents.
Under the German Criminal Code (Strafgesetzbuch, StGB), the following are among the most serious such offenses relating to traffic accidents:
- unlawfully leaving the scene of an accident (§ 142 StGB),
- violating safety rules in connection with a traffic accident (§ 315c StGB),
- driving a motor vehicle while intoxicated (§ 316 StGB).
Leaving the scene of a traffic accident generally refers to a driver, having been involved in an accident, leaving the scene in violation of the applicable rules. This is an offense that can result in the loss of one's driving licence.
A person is considered to have left the scene of an accident if they were involved in it and left before:
- enabling the other parties involved and the injured party to establish their identity, their vehicle, and the nature of the incident, by being present and stating that they were involved, or
- waiting the amount of time reasonably required, under the circumstances, for someone to be able to record the circumstances of the incident (the waiting period).
The law provides for a fine or imprisonment of up to three years for committing the offenses described above.
A penalty also applies to a party who, after the required waiting period has elapsed, leaves the scene and subsequently fails to contribute to promptly establishing the circumstances of the incident. The length of the minimum waiting period depends on the circumstances of the incident — the greater the harm caused, the longer the required waiting time. In this article, we share one memorable case from our extensive legal practice involving potential criminal liability for leaving the scene of an accident.
The Client's Story: A Beloved Old Opel and the Neighbor's Brand-New Maserati
This time an elderly man came to us — let's call him Vitaly. Vitaly had loved cars since early childhood, and as soon as he reached the age at which one can obtain a driving licence in Germany (the minimum age is 17, accompanied by an adult), he lost no time doing so. With a calm temperament and a natural inclination to follow the rules, Vitaly drove carefully and steadily, never took unnecessary risks, and had been in only a couple of accidents in his life, neither of them his fault. His "old lady" — a silver 2001 Opel — was without doubt Vitaly's pride and joy. He truly cherished the car, had no intention of ever replacing it, and it served him faithfully in return.
Imagine the car enthusiast's surprise when he received a summons from the police to appear in connection with a traffic accident he had allegedly caused. On top of everything, our future client was required to bring his car to the appointment for inspection. The elderly man faced a difficult choice:
- not respond to the police summons at all;
- go to the police himself and present his car;
- seek professional legal help.
The Accusation: A Damaged Maserati Bumper and Suspicion Falling on the Neighbor
On the advice of colleagues, Vitaly chose the last option and turned to our firm for legal support. As we typically do in such cases, we first requested the case file from the police. It turned out that our client was accused of causing a traffic accident in the parking area near his home. The scale of the damages was considerable, since the vehicle in question was a brand-new Maserati. What's more, an unfavorable outcome could have seen Vitaly charged with leaving the scene of an accident, which carries not only civil but also criminal liability, including a substantial fine or up to three years' imprisonment.
According to the facts of the case, that evening Vitaly had come home around 9 p.m. and parked near his building entrance. About half an hour later, a neighbor arrived in a prestigious Maserati and parked behind our client's car. The next day, approaching his car, the Maserati's owner noticed several small dents on the front bumper. The injured party recalled that the previous evening he had parked behind an Opel. Without hesitation, he reported the significant damage to the police as a traffic accident. Police officers carried out an investigation and identified the owner of the suspected vehicle. The case was referred to the public prosecutor's office, which opened a criminal case for leaving the scene of an accident, with our client as the suspect.
According to Vitaly, he had done nothing of the sort. Moreover, on the morning the Maserati's owner noticed the damage, Vitaly had left for the airport at 7 a.m. to pick up friends visiting from Saint Petersburg. The suggestion that a driver with nearly fifty years of driving experience would clip another car while pulling out of his own driveway — let alone flee the scene — was simply out of the question.
The Attorney's Work: A Paint-Color Mismatch and an Alibi
The attorney at our firm handling the criminal defense and representing Vitaly's interests prepared and submitted a detailed application to the public prosecutor's office requesting that the case be discontinued under Section 170 of the German Code of Criminal Procedure (Strafprozessordnung, StPO) for lack of sufficient grounds. The following arguments were made in our client's defense:
- the case file noted that traces of silver paint from another vehicle were found on the Maserati, whereas our client's car was dark gray;
- Vitaly had left the parking area at exactly 7 a.m. and driven to the airport, while the injured party did not notice the damage until around 10 a.m. — over three hours during which anything could have happened at the scene without Vitaly's involvement;
- our client's car was far from new and did have some existing paintwork damage — but none of it was fresh.
To complete the picture, the attorney attached the necessary supporting documents and photographs to the application, and noted that Vitaly's car could be made available for inspection and technical examination as part of the case, if required.
Outcome: Case Closed for Lack of Sufficient Grounds
To our client's relief, we soon received a favorable decision from the public prosecutor's office discontinuing the criminal case for lack of sufficient grounds. The client thanked us for our excellent work and said that he would turn only to us for legal assistance in the future, should the need arise.
Conclusion
Once again we recommend to our readers: never act rashly, and — however simple it may seem — never leave the scene of a traffic accident. There will almost always be witnesses who notice at least part of a license plate, a car's color or make, or other identifying details. This is typically followed by a police visit at home or a summons to give a statement and sign a report. It is best, in the first few minutes after an accident, to notify an attorney you trust. Having received full, firsthand information, they will choose the best defense strategy for you. Of course, that information must be entirely accurate — an attorney acts solely in your interest, and even a small detail can later prove decisive, for better or worse. As our clients well know, in many cases prompt consultation and professional legal help make it possible to avoid mistakes and an unjust or disproportionate penalty.
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