Everyone knows that failing in the duty to assist when involved in an accident is a crime, but what happens if we witness an accident and do not help the victims?
How many times have we read news stories in the press about people who, after causing an accident, have fled the scene? This is behaviour that nobody hesitates to condemn, and the prison sentences for it, in fact, range from six months to four years. But little is said about failing in the duty to assist when we become aware of an accident we are not part of, which, according to the Criminal Code, is also classed as a crime. Regardless of whether or not we are involved in a road traffic accident, we must always help the victims as far as possible.
Failure in the duty to assist occurs when someone sees that another person is in danger or helpless and does not help them, or does not call for help. It is a crime set out in article 195 of the Criminal Code, and anyone who commits it may be sentenced to a fine of three to twelve months. This duty to help the victim of an accident must be fulfilled provided that doing so does not pose an additional danger to both people. But what happens if we cannot stop safely? What we must do in such cases is call the emergency services (112).
‘‘It is a crime set out in article 195 of the Criminal Code, and anyone who commits it may be sentenced to a fine of three to twelve months’’.
However, for refusing assistance on the road to be punishable, it is not enough for a dangerous situation to exist; that danger must be obvious and serious. If, for example, we see that the victim does not need help and we do not stop, we are not committing any crime. Likewise, as we have already noted, the omission is fully justified where acting would put ourselves or the victim in danger. In that case, we stress that urgent assistance must be requested.
Obligation to assist
Just as the Criminal Code refers to failure in the duty to assist, the General Traffic Regulations refer, in their article 129*, to the obligation to assist when one is involved in, witnesses or becomes aware of an accident. They also emphasise that such assistance must always be given in safe conditions, both for the person who witnessed the accident and for its victims.
*Link to the Leyes.org website