Leaving the Scene of an Accident in Romania

Educational guide based on Romanian law. Not legal advice.

A short story that happens more often than you think

It was 01:37 when Matei felt the steering wheel jump in his hands and the car lurch like a startled animal. A narrow street, weak streetlights, empty pavements. On the right: a sharp crack, then that long scrape of metal meeting reality. He braked as if replaying a badly learned lesson. His heart climbed into his throat. One thought outran all others: “Did I hit someone?” He didn’t see a body. No blood. Just a shape in the shadow, a bicycle on the curb, a bag tipped over. Fear, shame, and that inner voice that says run until the storm passes all landed at once.

The engine was still on. In the mirror a person got up to their knees. Matei hesitated half a breath, then did what too many do when they’re scared: he left. I’ll turn back in a minute, I just need to breathe, he told himself as his taillights shrank and the city swallowed him whole. Two blocks. Three. At the fourth junction he pulled over, hazard lights blinking, forehead on the wheel. His thumb hovered over 112 and didn’t press.

A chorus of what ifs filled his head: what if it was just a scare? what if the police are already there? what if… He finally pressed. The dispatcher’s voice was firm and calm: “What’s the emergency?” Three sentences felt like stones leaving his mouth: “I clipped a bicycle. I saw someone getting up. I left. I’m going back.” No sermon followed—just instructions: “Stay where you are, share your location. A patrol will pick you up and go with you to the spot.” In the minutes that followed, Matei learned the real weight of the word “place.” Some places you break by running; others you repair by staying.

The police car stopped behind his. Papers checked. No hunt for guilt in the officer’s pupils: “Come with us. We’ll check on the other person.” The city’s asphalt feels different from a back seat. At the corner by a kiosk, the cyclist sat on the curb with a scraped knee and a fear that made the knee look twice its size. A man held the bike upright and spoke softly. When she saw Matei, she didn’t shout. She asked: “Why did you leave?” There are no clever answers next to bleeding knees. “I panicked,” he said. “I did wrong.” One officer took notes; another called an ambulance “for evaluation.” That phrase is a bridge on nights like this: first the body, then the paperwork.

At the hospital, the cyclist was examined—abrasions, no signs of fracture, normal blood pressure, observation advised. Matei had samples taken for alcohol and drugs as required. He hadn’t been drinking. That didn’t erase his earlier choice, but at least it closed one door to a worse room. Later, under bright lights, “give a statement” became something heavy. He kept it short and factual: route, speed, sound, panic, leaving, the 112 call, coming back. An attorney would later explain why that order matters: timeline before apologies; facts before interpretation. Humanity craves I’m sorry; procedure needs when, where, how.

In the following days, reality put on paper clothes: a police report, a site sketch, a medical note, the 112 call log. The insurer was notified. Footage from the kiosk camera was requested. Paint traces were checked on the bike frame and the dangling mirror. Not to turn an incident into a novel, but to keep proportion—because in law, proportion is the difference between a disproportionate consequence and a fair one.

The question hanging over everything was simple and cold: was this “leaving the scene of an accident” under Romanian law? The answer depends on what counts as an “accident,” what your duties are at the scene, which exceptions exist, and how quickly you act after panic gives way to sense. The rest of this guide explains that—cleanly, with sources you can check yourself.

What Romanian law means by “accident” and “leaving the scene”

1) What is a “traffic accident”?
Romania’s road traffic ordinance (O.U.G. 195/2002) defines a traffic accident as an event on a public road (or originating there) that results in death, injury of one or more persons, or at least material damage to a vehicle or to other property. (Sintact)

2) What is the criminal offence of “leaving the scene”?
Article 338 of the Romanian Criminal Code makes it a crime for the driver (or driving instructor/examiner during training/testing) involved in a traffic accident to leave the place of the accident without prior consent from the police or the prosecutor conducting the on-site investigation. The penalty is imprisonment from 2 to 7 years. (Sintact)

3) A crucial 2025 high-court clarification:
In Decision no. 188/19 May 2025, Romania’s High Court (ÎCCJ) ruled that the notion of “traffic accident” used in Article 338 refers only to events caused by negligence (culpa) or without fault—not intentional rammings. That interpretation ties the Criminal Code to the ordinance’s definition. This matters because it frames when Article 338 applies at all. (Portal Legislativ)

4) Changing traces is also a crime.
If the accident caused death or bodily injury, altering the scene or wiping traces without the investigation team’s consent is a separate offence punished with the same 2–7 year range. (Sintact)

The built-in exceptions (when leaving is not a crime)

Article 338(3) lists situations that do not constitute a crime, even though the person departs from the spot:

Only material damage resulted;
The driver, lacking other transport, takes the injured person to the closest medical unit, gives full identity/plate details there and returns immediately to the scene;
A priority (emergency) vehicle driver notifies the police immediately and, after the mission, reports to the police precinct where it occurred;
The victim leaves the scene, and the driver immediately notifies the nearest police unit. (Sintact)

These exceptions are narrow. If there is injury and none of the exceptions applies, leaving before police authorization triggers Article 338 liability. (Sintact)

Your obligations at and after an accident

A) When there are only material damages
Drivers must move the vehicles off the carriageway if possible, signal their presence, and go to the competent police unit within 24 hours to record the incident—unless they use the amicable accident form (constatare amiabilă) or other listed exceptions apply. (Sintact)

B) When there is injury or death
Call 112, do not leave, and do not alter the scene without investigative authorization. If you must take the victim to the hospital due to lack of other transport, leave full identity/plate details there and return immediately—that specific conduct is exempted by Article 338(3)(b). (Sintact)

C) Testing for alcohol/drugs
Refusing or evading biological sampling is a separate offence under Article 337 Criminal Code, punishable by 1 to 5 years. In short: never refuse testing. (Sintact)

Injury vs. material damage: why the distinction changes everything

The traffic ordinance’s definition of “accident” includes both injury/death and material damage. But the criminal risk under Article 338 escalates sharply when people are hurt:

Injury/fatality: Leaving without authorization = crime (2–7 years), unless you fall under an explicit exception (e.g., transporting the injured person and immediately returning). Altering traces is also criminalized in these cases. (Sintact)
Material damage only: You may move vehicles to free traffic, exchange details, and either fill the amicable form or present yourselves to the police within 24 hours. Leaving to clear the lane or to report the incident in the manner the law prescribes doesn’t equate to the crime in Article 338. (Sintact)

Recent High Court guidance (Decision 188/2025) confirms that Article 338’s “accident” covers negligence/no-fault events, aligning the Criminal Code with the ordinance. This helps courts draw the line between criminal “leaving the scene” and other scenarios (e.g., intentional harm charged under different provisions). (Portal Legislativ)

“I panicked and left… then I called and came back.” Does that still count?

The offence in Article 338(1) focuses on the act of leaving without police/prosecutor consent after being involved in a traffic accident (as clarified above). If there are injuries and none of the exceptions applies, the offence can be consummated the moment you leave, even if you later turn back. However, quick self-reporting and immediate return can weigh heavily when prosecutors evaluate intent and when courts assess your overall conduct—especially to distinguish evasion from panic followed by self-correction. The law’s text and structure (including its exceptions requiring immediate return and immediate notification) show that speed matters. See Article 338(3)(b), (d). (Sintact)

Practically speaking, if panic took over and you left briefly, you should call 112 immediately, return promptly, and preserve the scene (don’t move anything unless you are transporting the injured person or acting on an officer’s instruction). This aligns your actions with the statute’s explicit safe harbors. (Sintact)

Step-by-step: what to do right after an accident in Romania

If anyone might be hurt (even “just a scrape”):

Stop. Switch on hazard lights. Secure the area if safe to do so.
Call 112 and report the location, vehicles, and whether someone needs medical help. (Sintact)
Do not alter the scene unless necessary for safety or to transport the injured when no other means exists; if you transport, leave full ID/plate at the medical unit and return immediately. (Sintact)
Stay put until police authorize departure. The crime in Article 338 exists precisely to prevent flight and preserve evidence. (Sintact)
Cooperate with checks and sampling (alcohol/drugs). Refusal is a separate crime (1–5 years). (Sintact)
Collect evidence without disturbing traces: identify witnesses; note the 112 call time; if safe, take wide-angle photos.
Seek medical evaluation for everyone involved—even seemingly minor injuries can matter medically and legally.

If there appears to be only material damage (no injuries reported/visible):

Move the vehicles off the carriageway if they can be moved; signal their presence if not. (Sintact)
Exchange details (driver ID, plate, insurance).
Choose the path: amicable form or go to the competent police unit within 24 hours. (Sintact)
Do not fabricate or erase traces—even in property-damage cases, honesty and documentation protect you if injuries later surface.

Penalties and related offences at a glance

Leaving the scene (Art. 338(1)): 2–7 years imprisonment for drivers/instructors/examiners who leave without authorization after being involved in a traffic accident (as clarified by the 2025 High Court). (Sintact)
Altering traces when there are injuries/death (Art. 338(2)): also 2–7 years. (Sintact)
Refusing biological sampling (Art. 337): 1–5 years. Never refuse. (Sintact)
Injuries caused by negligence (Art. 196): penalties vary by severity and context; these are separate from Article 338 and may cumulate depending on facts. (Sintact)

Insurance, paperwork, and the “24-hour” window

When only property is damaged, Romanian law gives you two main tracks: (1) amicable report between drivers; or (2) report to the police within 24 hours in the competent jurisdiction. Failing to follow one of these tracks leads to administrative sanctions and insurance headaches (e.g., inability to process claims properly), and—depending on what else you do—can aggravate criminal exposure if facts later show that someone was indeed injured. The 24-hour presence rule is set in Article 79 O.U.G. 195/2002. (Sintact)

Three common mistakes—and how to avoid them

“It looks minor, I’ll just drive home.”
If anyone is hurt—even slightly—leaving without authorization is criminal unless you fall squarely within an exception (e.g., you transported the victim and returned immediately). Don’t guess; call 112. (Sintact)
“We moved the cars to talk; what’s the harm?”
Moving vehicles is right only in material-damage cases to free traffic. With injuries, wait for authorization or you risk the separate offence of altering traces. (Sintact)
“I won’t blow or give blood; I’ll deal with it later.”
Refusal is its own crime with 1–5 years exposure—often worse for you than cooperating. (Sintact)

A 10-minute legal sanity checklist (save or print)

1. I stopped and turned on hazards.
2. I checked for injuries and called 112 immediately. (Sintact)
3. I did not alter the scene; if I transported an injured person, I gave full details at the hospital and returned immediately. (Sintact)
4. I cooperated with sobriety and toxicology testing (no refusal). (Sintact)
5. If only property damage: I moved vehicles safely, exchanged details, and chose amicable or police within 24 hours. (Sintact)
6. I collected basic evidence without disturbing traces (photos, witness contacts).
7. Everyone got a medical check, even if injuries seemed minor.
8. I notified the insurer(s) promptly with accurate facts.
9. I kept a timeline: time of accident, 112 call, arrival, statements—chronology matters.
10. I consulted a lawyer before making complex statements or if anything is unclear.

How the 2025 High Court decision (ÎCCJ 188/2025) changes practice

Before 2025, courts sometimes diverged on how broadly to understand the “accident” that triggers Article 338. By explicitly tethering Article 338’s “accident” to the traffic ordinance definition and clarifying it covers negligent/no-fault events, Decision 188/2025 reduces ambiguity:

It confirms Article 338 is designed to protect the investigation of road traffic incidents, not to replace charges for intentional harm (which fall under other Criminal Code provisions).
It aligns the Criminal Code with the ordinance’s technical definition (Article 75 O.U.G. 195/2002).
It guides police and prosecutors to assess intent early: if facts indicate intentional ramming, prosecutors should consider other offences rather than shoehorn the case into Article 338. (Portal Legislativ)

For drivers and victims, the practical takeaway is simple: if you’re in a negligent or no-fault traffic incident, Article 338 applies and the duties above govern you. If the event was intentional, different criminal law concepts are engaged, and you should seek counsel immediately. (Portal Legislativ)

Frequently asked questions

Q: I left for two minutes out of panic but called 112 and returned with the police. Am I safe?
A: The offence can be legally consummated the moment you leave without authorization when injuries exist and no exception applies. That said, immediate self-reporting and quick return are powerful indicators against an intent to evade and may influence prosecutorial decisions and outcomes. Transporting the injured and returning immediately is a statutory exception. Each case turns on timing and facts—get legal advice quickly. (Sintact)

Q: The other person said they weren’t hurt, so we both left. Later they went to the hospital. What now?
A: If injuries are later documented, authorities will review what you did at the time—did you call 112, did you stay, did you preserve the scene? If you treated it as material damage only and used the proper channels (amicable or police in 24 hours), that helps—but retroactive medical findings can still trigger injury-related analysis and, potentially, Article 338 issues if the original conduct fell short. (Sintact)

Q: Can I move the vehicles to the side if someone is hurt?
A: Do not alter the scene if injuries exist, unless specifically instructed or you must transport the injured because no other means exist (and then return immediately after leaving full details). Altering traces in injury cases is a separate crime. (Sintact)

Q: Do I have to go to the police even if we fill out the amicable accident form?
A: If only material damage exists and you properly complete the amicable form, the law exempts you from the 24-hour police presence requirement. If there’s any doubt about injuries—or if the other party refuses amicable resolution—go to the police within 24 hours. (Sintact)

Q: What if I refuse blood or breath tests?
A: Don’t. Refusal is its own offence (Art. 337) with 1–5 years exposure. (Sintact)

Bringing it back to Matei’s night

In Matei’s case, the cyclist had abrasions but no fracture and reported that she likely fell while trying to avoid his car; he called 112, returned with the police, stayed for the on-site procedures, and cooperated fully with medical and biological testing. Whether prosecutors view his brief departure as a panic response corrected immediately (and weigh the exceptions and return timing accordingly) or as criminal leaving turns on details that the law makes legible: injury vs. damage, exceptions, and how fast he acted after he realized what he’d done. The difference between evading responsibility and regaining it is often measured in minutes.

Key sources you can verify

Criminal Code, Art. 338 (“Leaving the scene of an accident”): full text with exceptions and penalties. Version in force as of 11 Nov 2025. (Sintact)
O.U.G. 195/2002 (Traffic Code), Art. 75 (definition of “traffic accident”). Version updated 26 May 2025. (Sintact)
O.U.G. 195/2002, Art. 79 (driver obligations; 24-hour rule; amicable exception). (Sintact)
ÎCCJ Decision no. 188/19 May 2025 (binding interpretation: “traffic accident” under Art. 338 means negligent/no-fault events). Official publication 10 Jun 2025. (Portal Legislativ)
Criminal Code, Art. 337 (refusal/evasion of biological sampling — 1–5 years). (Sintact)

Final takeaways

If anyone might be hurt, don’t leave. Call 112, wait for authorization, and protect the scene. Exceptions are narrow and time-critical. (Sintact)
Material damage only? Move cars safely, exchange details, and either file an amicable report or go to the police within 24 hours. (Sintact)
Never refuse testing. That’s a separate felony. (Sintact)
2025 High Court guidance narrows “accident” under Article 338 to negligent/no-fault events, keeping the provision in its lane. (Portal Legislativ)

If panic made you leave for a moment, act fast to realign your conduct with the law: call, return, cooperate, document, and get legal advice. The law is strict, but it also recognizes immediate, genuine efforts to repair a bad split-second decision. (Sintact)