The Seriousness of Leaving the Scene of an Accident in the Italian Highway Code

Being involved in a road accident is a traumatic event that can trigger instinctive reactions of panic, sometimes leading to the grave mistake of leaving the scene of the incident without providing assistance. As a criminal lawyer in Milan, Avv. Marco Bianucci understands how fear can cloud judgment in critical moments, but it is essential to be aware that the legislator severely punishes such conduct. Leaving the scene of a road accident, especially in the presence of injuries to persons, is not a mere administrative infraction, but a crime that can lead to severe consequences for personal freedom and the driver's future.

What Article 189 of the Highway Code States

The relevant legal framework is Article 189 of the Highway Code, which imposes the obligation to stop and provide assistance to anyone who has suffered personal injury. The law distinguishes between two main offenses: fleeing the scene and actual failure to render assistance. Fleeing the scene consists of not stopping after the accident to allow for identification and investigations, while failure to render assistance occurs when necessary assistance is not provided to the injured. It is crucial to note that for the crime to be constituted, intent (dolo) is required, meaning the awareness of the accident and the intention to leave the scene or not provide assistance. The penalties are severe: for fleeing the scene in case of injuries, imprisonment from 6 months to 3 years is foreseen, while for failure to render assistance, the penalty ranges from 1 to 3 years of imprisonment, in addition to the suspension of the driving license for a significant period.

The Defensive Approach of the Bianucci Law Firm

Faced with such a delicate accusation, the approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is aimed at a meticulous analysis of the dynamics of the accident and the driver's psychological state. The defense strategy is not limited to a simple denial of the facts but delves deeply to verify the existence of the subjective element of the crime, i.e., the client's actual awareness of having caused harm to others. In many cases, visibility conditions, the impact's intensity, or shock can have prevented the driver from realizing the need to provide assistance.

The Bianucci Law Firm works to reconstruct the events, utilizing, where necessary, technical consultants to analyze the compatibility of the damages with the perception of the impact. The goal is to demonstrate the absence of intent or, alternatively, to mitigate the punitive consequences by highlighting the suspect's procedural behavior and any remedial actions taken. The technical defense aims to protect the client's freedom and limit the impact on the driving license, an element often essential for one's working life. Entrusting yourself to Avv. Marco Bianucci means having a professional by your side who thoroughly knows the Milan Courts and the specifics of road traffic offenses.

Frequently Asked Questions

What is the difference between fleeing the scene and failing to render assistance?

The difference is substantial, even though the two offenses often concur. Fleeing the scene occurs when one leaves the accident site, preventing identification, regardless of the presence of seriously injured individuals requiring immediate assistance. Failure to render assistance, on the other hand, specifically applies when one omits to provide necessary assistance to injured persons. Both are crimes, but failure to render assistance directly protects the victim's physical integrity and is punished more severely.

What are the concrete risks if I am accused of failing to render assistance with injuries?

The penalties are severe. For failure to render assistance (Art. 189, paragraph 7 of the Highway Code), one risks imprisonment from one to three years. Furthermore, the accessory administrative penalty of suspension of the driving license for a period not less than one year and six months and not exceeding five years is foreseen. In cases of flagrante delicto, optional or mandatory arrest may be applicable depending on the severity.

If I didn't realize I hit someone, am I still punishable?

The crime of failure to render assistance is an intentional crime, meaning it requires awareness of the accident and harm to persons. If it can be proven that the driver did not realize the impact or could not reasonably have foreseen that there were injured persons (lack of the psychological element of intent), the crime may not be constituted. This is one of the defense lines that an experienced criminal lawyer will carefully evaluate.

Is arrest automatic in cases of failure to render assistance?

Not always. Arrest in flagrante delicto is optional for the crime of fleeing the scene, while it can become mandatory for failure to render assistance if the act is serious. However, if the driver makes themselves available to the judicial police within 24 hours of the event, arrest is not carried out. It is crucial to contact a lawyer immediately to manage this very delicate phase.

Request Urgent Legal Consultation

If you are under investigation for failure to render assistance or road traffic offenses, time is a critical factor. Do not make any statements without first consulting a lawyer. Contact the Bianucci Law Firm for timely and competent defense. Avv. Marco Bianucci awaits you at the Milan office at Via Alberto da Giussano, 26, to assess your situation and define the best defense strategy.