Can I film or photograph an accident?
No. Filming or photographing accident victims is banned and a crime. § 201a StGB protects the most personal sphere — since 2021 expressly also helpless and deceased people. Even making such images can be a crime, sharing them all the more. A rubbernecker who stops and thereby obstructs emergency services or fails to form a rescue lane additionally commits a crime under § 323c StGB (failure to render assistance/obstructing helpers). Instead: call the emergency number, give first aid, make way — and put the phone away.
📋 The rules
- Filming/photographing accident victims: a crime under § 201a StGB
- Helpless and deceased people are protected too (since 2021)
- Even making the images can be a crime, sharing all the more
- Rubbernecking + obstructing the rescue: a crime under § 323c StGB
- Duty to form a rescue lane and to render assistance
🔓 Exceptions
- Dashcam/evidence recordings without exposing victims can be lawful — not targeted victim close-ups
- The press may report under narrow conditions (no intrusion into the most personal sphere)
- Documentation for the police at their request
⚠️ Penalties & fines
Unauthorised image-taking or sharing under § 201a StGB is punishable by a fine or up to two years in prison; the devices can be confiscated. Anyone who obstructs the rescue or fails to help risks, under § 323c StGB, a fine or up to one year in prison. On the spot the police can seize your phone and issue an order to leave. In an emergency you're also liable for damage caused by the obstruction.
📎 Official sources
- § 201a StGB · Violation of the most personal sphere by image recordings →
- § 323c StGB · Failure to render assistance; obstructing helpers →
- ADAC · Rubberneckers: penalties and duties at an accident →
❓ Frequently asked
Can I film an accident with my phone?
No. Filming or photographing accident victims violates their most personal sphere and is a crime under § 201a StGB — helpless or deceased people are protected too. Even taking the image can be a crime.
What's the penalty for sharing the images?
Sharing such recordings is even more clearly a crime — a fine or up to two years in prison. The devices can also be confiscated, and the affected person can take civil action against you.
Is just rubbernecking a crime?
If you thereby obstruct emergency services, fail to form a rescue lane or fail to help, yes — under § 323c StGB. Standing and watching while others need help can get expensive and criminal.
Can the police seize my phone?
Yes, at the accident scene the police can seize your phone to secure criminal recordings and issue an order to leave. Don't delete evidence — that can be additionally problematic.
What should I do instead?
Call the emergency number 112, form a rescue lane, give first aid and make way. Rendering assistance is mandatory. The phone belongs in your pocket — unless you use it to make the emergency call.
🔎 Common searches
What people search to land here:
- “filming accident a crime”
- “rubbernecker penalty 201a”
- “photograph accident victim banned”
- “rescue lane duty rubbernecker”
- “phone seized accident”
- “323c obstructing rescue”