- Up to seven years in prison for tampering with crash-scene evidence.
- Change prompted by 2015 Ialomița case and high road fatalities.
- Sanctions include moving vehicle without consent, altering traces, or cover-up penalties.
- Preserving evidence aids trajectory, speed, responsibility, safety checks, and prevents judicial errors.
The Supreme Court of Romania has revised road traffic legislation, and drivers who tamper with evidence at the scene of road accidents with victims now face up to seven years in prison. This drastic measure comes in response to the alarming number of fatal crashes and attempts to conceal traces.
The change was triggered by alarming statistics: 2,000 people die annually on Romania’s roads, and many of the drivers who cause crashes remain at large while prosecutions drag on for years.
The case that changed the legislation
The modification of the law was sparked by the tragedy in Ialomița in 2015, when a cyclist died after being struck by a car. The responsible driver managed to erase the traces of the accident and initially received a much lighter sentence. Only after seven years was his sentence extended by another two years in prison.
This case weighed decisively in changing the legislation, underscoring the severity of the consequences when evidence at the scene is tampered with. An exact reconstruction of events becomes impossible when vehicle trajectories or other traces are altered, and justice can be compromised.
What the new legislation provides
Sanctions for altering evidence
Judges of the Supreme Court have established clear and strict rules:
- Moving the car’s position without police consent is punishable by up to seven years in prison
- Altering any traces at the scene constitutes a criminal offense
- Penalties apply in all cases of accidents with victims
- Attempts to cover up evidence are considered an aggravating circumstance
Why intact evidence matters
Maintaining the integrity of the crash scene is essential for:
- Accurate analysis of the trajectories of the involved vehicles
- Determining the speed at the moment of impact
- Establishing responsibility for each party involved
- Checking safety systems (brakes, steering, lighting)
- Reconstructing the exact sequence of events
- Avoiding judicial errors in determining guilt
When evidence is compromised, technical expertise becomes extremely difficult or impossible, and there is a risk that one of the parties involved will be found guilty or not guilty incorrectly.
Reality at the crash scene
Traffic pressure and shock state
Daniel Zotea, a road police officer at the Brașov Road Office, explains that interventions on evidence are most often driven by:
- Traffic pressure — drivers are urged by other road users to move their cars off the carriageway
- State of shock — those involved are often confused and do not realize the gravity of their actions
- Tension around — pressure from other people present at the scene
- Desire to restore traffic flow — many drivers do not understand the importance of preserving evidence
Nevertheless, the law offers no exceptions for these mitigating circumstances when victims are involved.
Legal obligations of drivers
In the event of a road crash with victims, drivers are legally required to:
- Stop immediately and keep the vehicles in place until authorities arrive
- Not modify the evidence at the crash scene under any circumstances
- Signal the location properly with the reflective triangle
- Request medical help immediately for victims by dialing 112
- Notify the police as soon as possible and stay at the scene
- Not consume alcohol or substances that may affect judgment until tested by authorities
- Cooperate with authorities and provide all necessary information
Violating these obligations can lead to aggravated penalties and additional charges.
Exceptions and special situations
When the vehicle may be moved
Vehicles may be moved only in the following strictly defined situations:
- With explicit consent from the police who arrived at the scene
- To provide first aid to victims if the vehicle blocks access
- In case of imminent danger (fire, fuel leaks, risk of explosion)
- After complete documentation of the crash site by competent authorities
- If the crash blocks emergency traffic (ambulances, firefighters) and police cannot arrive quickly
Practical recommendations for drivers
In the event of a road crash, follow these steps:
- Stay calm and quickly assess the situation – are there victims? Any imminent danger?
- Request medical help immediately by dialing 112 if there are victims
- Signal the crash with a reflective triangle at the regulatory distance
- Photograph the scene from multiple angles if possible, before any intervention
- Document the position of the vehicles, braking marks, debris spread
- Note witness details and weather/traffic conditions
- Do not consume alcohol or substances until tested by authorities
- Await the arrival of the police before making any changes to the scene
- Cooperate with authorities and provide all necessary information
- Keep vehicle documents and insurance handy
International context and legislative trends
Similar legislation exists in other European countries, with Romania aligning to international standards:
- Turkey — severe penalties for altering evidence, up to 10 years in prison
- Greece — prison terms for altering the accident site
- Bulgaria — strict laws on preserving evidence integrity
- Germany — advanced documentation systems and heavy penalties for manipulation
- France — mandatory preservation of the crash site under criminal penalties
These measures demonstrate a global trend toward harsher penalties for manipulating evidence in road crashes, aimed at deterring wrongdoing and protecting the integrity of the judicial process.
Implications for the auto industry and safety
The new legislation also brings indirect positive implications:
- Increased driver accountability on the road
- Encouragement of dash cams for documentation
- Development of assistive systems that automatically document accidents
- Road safety education should include legal aspects
- Insurance may include professional documentation services
Conclusion
The new legislative changes mark an important step toward higher road safety and ensuring fair justice in serious accidents. Drivers must understand that their responsibility extends beyond the moment of the crash, including preserving evidence for a proper investigation.
The authorities’ message is clear: any attempt to cover up the traces of a road crash with victims will be punished with maximum severity, up to seven years in prison. This drastic measure aims to protect victims, ensure fair justice, and deter reckless behavior on the road.
Ultimately, prevention remains the best approach: obey traffic rules, drive defensively, and keep the vehicle in proper technical condition, which dramatically reduces the risk of being involved in a serious crash.
