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Question 405 of 554

May the driver of a motor vehicle involved in an accident from which resulted the death or injury of a person leave the scene of the act?

A yes, if he is not responsible for the accident;
B yes, if the victim was transported to the hospital;
C yes, with the approval of the traffic police officer who is investigating the case.

Explanation

The driver of a vehicle involved in a traffic accident, as a result of which resulted the death or injury of the bodily integrity or the health of a person, regardless of whether he is or is not responsible for causing the accident, is obliged to immediately notify the police, to not modify or erase the traces of the accident and he is not allowed to leave the scene of the act, he may leave the scene of the act only with the approval of the police, who is investigating the accident.

If he leaves the scene of the act without the approval of the police, the act constitutes an offense and is punished with imprisonment from 2 to 7 years. But it must be known that if, in the absence of other means of transport, the driver of the vehicle transports himself the injured persons to the nearest hospital and declares his personal data and the number of the driven vehicle, these being recorded in a special register, and if he returns immediately to the scene of the accident, IT DOES NOT CONSTITUTE AN OFFENSE.

The correct answer is: C

Find here video lesson leaving the scene of the accident or modifying the traces --> Offenses - Leaving the scene of the accident
Find here video lesson with Obligations in case of accident --> Road Traffic Code - Obligations of drivers in case of accident

Reference articles

OUG - Article 77

(1) The driver of a vehicle involved in a traffic accident from which resulted the death or injury of the bodily integrity or the health of a person is obliged to take measures of immediate notification of the police, to not modify or erase the traces of the accident and to not leave the scene of the act.

Criminal Code - Article 338

(1) Leaving the scene of the accident, without the approval of the police or of the prosecutor who performs the investigation of the scene of the act, by the driver of the vehicle or by the driving instructor, being in the training process, or by the examiner of the competent authority, being during the conduct of the practical tests of the exam for obtaining the driving license, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.

(3) It does not constitute an offense leaving the scene of the accident when:
b) the driver of the vehicle, in the absence of other means of transport, transports himself the injured persons to the nearest medical unit able to provide the necessary medical assistance and at which he declared the personal identification data and the registration or record number of the driven vehicle, recorded in a special register, if he returns immediately to the scene of the accident;

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