Failure to Assist and Hit-and-Run: When It Is an Offence and the Penalties

The offence of failing in the duty to assist is one of the most serious offences against human solidarity. It is punished not for causing the harm, but for passivity in the face of another's suffering. As criminal lawyers experienced in the offence of failure to assist, we explain when this legal duty arises and the serious consequences of ignoring it, especially in traffic accidents.

The Basic Duty to Assist

The Criminal Code (Art. 195) obliges every citizen to assist a person who is helpless and in manifest, serious danger, provided they can do so without risk to themselves or to a third party. If they cannot give direct help, their obligation is to seek the help of others (call the emergency line).

Hit-and-Run in Traffic Accidents

The most common and most severely punished situation is leaving the scene after causing an accident (Art. 195.3 CP). If the driver who causes the accident flees the scene knowing there may be victims, they face prison penalties of 6 months to 4 years. This aggravated form protects not only solidarity but also the driver's acceptance of responsibility.

Criminal Defence and Exemptions

Not every omission is criminal. There are clear exemptions:

• Risk to oneself: nobody is obliged to be a hero. If the help meant entering a burning car or jumping into a dangerous river, the omission is justified.
• Instant death: if the victim died at once, legally "there was no one to assist" (an impossible offence), even if it is morally reprehensible. This defence requires precise forensic reports on the time of death.
• Help from others: if, by the time you arrive, emergency services or other people are already attending effectively, your duty falls away.