Hit and run: the polluter goes unpunished without instruction

Created: 09/20/2022, 15:51

By: Sebastian Oppenheimer

Anyone accused of a crime has the right to remain silent, among other things.

The police must also point this out in a casual conversation.

It's a huge annoyance: you come back from shopping or a visit - and your own car is dented or scratched because another driver wasn't careful when parking.

The polluter has long since fled the dust and has not even left a contact address.

A report to the police comes to nothing, especially in the case of minor damage - and you are left with the damage without comprehensive insurance.

A hit-and-run often means that the injured party has to pay for the repairs themselves.

(Iconic image) © Addictive Stock/Imago

Hit and run: without instruction, no punishment for those who caused the accident

Hit and run is not a trivial offense.

However, this does not change the rights of the accused, as is evident from a judgment by the district court in Nuremberg-Fürth (Az.: 5 Qs 40/22).

The case of an elderly lady who had left the scene of the accident without permission was negotiated.

Because a witness had noted the number plate, the owner of the escaped vehicle could be determined.

When the police showed up at her address for further investigations, the woman admitted to getting away from the accident in an informational conversation with the officers.

However, she lodged a complaint against the penalty order that was subsequently issued – the police officer had not informed her of her rights as an accused.

Hit and run: district court decides in favor of the polluter

The district court decided in favor of the woman.

The accused had to be instructed as the accused before the questioning, since the suspicion of the crime had concentrated on her based on the identity of the vehicle owner.

This also applies if, in principle, other people also came into consideration as the driver of the accident.

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In addition, a personal description of the driver applied to the accused, quoted "RA Online" from the decision.

It must therefore have been apparent to the police officer before the informational questioning that the accused could not only have been the owner, but also the driver at the time of the accident.

The information she gave in the interview cannot therefore be used in court.