Considerations on the Criminalization of the Offense of Leaving the Scene of an Accident

Abstract

The purpose of this paper is to analyze the offense of leaving the scene of a road accident focusing on the fulfillment of the typical conditions of the objective side and the subjective side of the offence. In the judicial practice, the main issue faced by the judicial authorities in cases involving offenses of leaving the scene of an accident is related to establishing, the perpetrator’s form of guilt at the time of the act, either intent or basic intent or whether has acted guiltily or without guilt. The delimitation of the forms of guilt is very important as the perpetrator's liability can only be traced if it is established, beyond reasonable doubt that he acted intentionally - directly or indirectly - at the time he left the scene of a road accident.