After a car accident, is it considered that the perpetrator is an escape?

The so-called traffic hit-and-run refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution. It should be pointed out that to constitute an aggravating circumstance, it is first required that the perpetrator's act of causing the accident has constituted the crime of causing a traffic accident, otherwise the act of traffic hit-and-run can only be considered as a convicting circumstance when determining whether it constitutes the crime of causing a traffic accident; Second, it is required that the perpetrator clearly knows that he has committed a traffic accident, and if he does not have knowledge of the accident, it is naturally impossible to have the motive to evade legal prosecution, and it does not constitute a traffic hit-and-run act. Thirdly, the evasion of responsibility for the investigation and determination of the victim's responsibility is still constituted a traffic hit-and-run.

Finally, the so-called traffic hit-and-run mainly refers to the situation of fleeing from the scene, but the victim can also flee after being sent to the hospital, or even hiding at the scene.

From the point of view, if he evades responsibility, he should also be considered an escape!

Traffic hit-and-run refers to the act of fleeing the scene of an accident in order to avoid legal prosecution after a traffic accident. It is not an escape, and you can sue in court for compensation.

If he called the police in time, protected the scene, and the accident car was also impounded, and he maintained effective contact with the traffic police, it should not be counted. As for going to work, whether you look at the victim or not, it only involves morality, and has nothing to do with escape. The matter of compensation is carried out under the auspices of the traffic police or tried by the court, and it is not considered an escape if you do not negotiate privately.

The key depends on whether he takes your sister to the hospital or not.

It is not considered a hit-and-run, but it is not compensated after the accident.

Hit-and-run. It refers to an illegal act in which the party clearly knows that he has had a traffic accident and deliberately flees the scene of the accident in order to avoid responsibility for the accident and does not report the case to the public security organ.

A hit-and-run is an escape from the scene of an accident, so no compensation and no visitation are not considered hit-and-runs.

It is not considered a hit-and-run, but it is not compensated after the accident.

Prosecution should be filed in a timely manner, noting the one-year statute of limitations.

At present, the traffic police do not have the right to deal with the accident, and must issue a determination of responsibility for the accident within the specified time, and then unless the two parties can reach an agreement, the negotiation fails to sue as soon as possible.

Through legal channels, it will give your family a satisfactory answer.

I wish Lingmei a speed**.

Summary. Legal basis: Article 61 of the "Provisions on Procedures for Handling Road Traffic Accidents" shall bear full responsibility if the party has any of the following circumstances:

1) Fleeing after a road traffic accident; (2) Intentionally destroying or fabricating scenes or destroying evidence. Where parties abandon their vehicles and flee or abscond and hide in order to evade pursuit of legal responsibility, if there is evidence showing that the other parties are also at fault, responsibility may be appropriately reduced, but where there is evidence at the same time showing that the fleeing party has the circumstances in item (2) of the first paragraph, it is not to be mitigated.

Hello lawyer. Hello After a road traffic accident, in order to evade legal responsibility, the party has to drive or abandon the vehicle to flee the scene of the road traffic accident and absconding and hiding the search is considered a hit-and-run. The party who subjectively escapes should have the behavior of knowing the occurrence of the accident and wanting to evade responsibility.

The party who escaped bears full responsibility for the accident.

Legal basis: Article 61 of the "Provisions on Procedures for Handling Road Traffic Accidents" shall bear full responsibility if the person involved in the stool has any of the following circumstances: (1) fleeing after a road traffic accident; (2) Intentionally destroying or fabricating scenes or destroying evidence.

Where a party abandons a vehicle and escapes, or absconds and hides in order to evade legal responsibility, if there is evidence proving that the other parties are also at fault, responsibility may be appropriately reduced, but at the same time there is evidence proving that the fleeing party has the circumstances in item (2) of the first paragraph, the light travel is not to be reduced.

How can I get away after a car accident?

After the car accident, the owner left the scene 200 meters and stopped, and only called the police after half an hour, which is considered an escape.

If you leave the scene and do not call the police, you will not be considered an escape.

Why does the traffic police say that they are fully responsible for the escape?

If you are dissatisfied with the determination of the responsibility of the traffic police, you can apply for administrative reconsideration.

Legal analysis: After an accident, an injured or witness to a traffic accident should first write down the license plate number of the vehicle involved in the accident and the external characteristics of the vehicle involved in the accident, and immediately report it to the police. In the event that the driver escapes by car, attention should be paid to protecting the original scene, preserving physical evidence, and reporting to the police in time.

Once caught by the public security organs, the driver's license will be revoked and severely punished. For those who report hit-and-run accidents and make shirts, the public security organ will give commendations and rewards.

Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 71 If a vehicle escapes after a traffic accident, the witnesses at the scene of the accident and other persons in the know shall report to the traffic management department of the public security organ or the traffic police. If the report is true, the traffic management department of the public security organ shall give a reward.

1. How to deal with the escape of the perpetrator of a car accident.

1. In the event of a car accident, the perpetrator escapes, and is dealt with according to the circumstances, respectively:

1) If the circumstances of the escape of the perpetrator of the car accident are minor and do not constitute a crime, a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed;

2) Where the perpetrator of a car accident escapes, causing serious injury or death, or causing major losses to public or private property, and bears primary or full responsibility, a sentence of up to three years imprisonment or short-term detention is to be given.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

2. What are the constitutive elements of the crime of causing a traffic accident?

1. The object of the crime of causing a traffic accident. Refers to the major transportation safety that is protected. Because only if a traffic accident is caused and has major consequences, the crime of traffic accident is constituted.

If it is only a traffic accident without causing major consequences, it does not constitute the crime of causing a traffic accident, and it is not a social relationship protected by the same kind of excitement, and cannot constitute the object of the crime of causing a traffic accident;

2. The objective aspect of the crime of causing a traffic accident is manifested in the perpetrator's violation of traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property;

3. The subject of the crime of causing a traffic accident is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility. In practice, it is mainly people who are engaged in transportation. Whether the crime of traffic accident is established in a case where a person under the age of 16 and over the age of 14 causes an accident by driving a motor vehicle and causing a major accident;

4. The subjective aspect of the crime of traffic accident is negligence. It is both negligent and overconfident. The negligence emphasized in the crime of traffic accident refers to the actor's mental attitude towards the serious consequences of the accident, and as for the duty of care for violating the traffic and transportation management regulations, it may be either knowingly committed or negligent, which does not affect the establishment of the crime of traffic accident.

If the perpetrator subjectively has a state and intentional mental attitude towards the serious consequences caused by his act, then the act should be punished as the crime of intentional injury, intentional homicide and other related crimes, and does not constitute the crime of traffic accident.

Traffic hit-and-run refers to the act of fleeing after a traffic accident in order to avoid legal prosecution. It can be understood as follows:

First of all, the prerequisite for escaping after a traffic accident is "evading legal prosecution". In practice, most of the perpetrators flee for the purpose of evading legal prosecution, but there are also a few people who flee for fear of being beaten by the injured party or other onlookers. It is also an escape, but these people are often able to accept legal treatment by reporting to the unit leader or calling the police after fleeing the scene.

Therefore, in this case, it is not a hit-and-run.

Second, there is an act of "running away" to escape, but there is no time and place limit for the act of escaping. Whether it is the act of fleeing the scene of the accident, hiding at the scene of the accident without escaping, or running away after taking the injured person to the hospital or waiting for the traffic management department to deal with it, it is a traffic hit-and-run.

Judicial Interpretation of the Supreme Court on Traffic Accidents.

Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

One is to bear full responsibility for the traffic accident, and the other is to possibly bear criminal liability. In general, the sentence is fixed-term imprisonment of not less than seven years.

It depends on the situation at the time, is there a wood and someone has been killed? Is there anything too big**?