What is the penalty method for hit and run after a car accident!

According to the provisions of Article 99 of the Road Traffic Safety Law, if it does not constitute a crime to escape after causing a traffic accident, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan; Article 101 stipulates that if a major traffic accident constitutes a crime and escapes, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life.

According to the situation you mentioned, the perpetrator has not yet constituted the crime of causing a traffic accident and has no criminal responsibility, and should be fined not less than 200 yuan but not more than 2,000 yuan by the traffic management department of the public security organ in accordance with the provisions of Article 99 of the Road Traffic Safety Law.

Whoever, as a result of violating traffic and transportation management regulations, causes serious injury or death to a person or causes 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 flees 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. According to the provisions of the Traffic Safety Law, if a major traffic accident occurs and constitutes a crime, criminal responsibility shall be investigated in accordance with the law and the driver's license shall be revoked. If a person escapes after a traffic accident, his driver's license shall be revoked and he shall not be allowed to re-obtain a motor vehicle driver's license for life.

Where, after a traffic accident, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident in order to avoid legal prosecution, causing the victim to die or become seriously disabled because he cannot receive assistance, it is to be punished as the crime of intentional homicide or intentional injury.

Your friend in Xi'an should not be criminally punished for this, and even if he will, he will not go to jail at most a suspended sentence, but civil compensation must be available.

Let me answer the question:

1) Management measures regarding escape.

China's "Road Traffic Law" stipulates that if a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. This is commonly referred to as a lifetime driving ban.

If the victim dies as a result of the escape, he shall be sentenced to fixed-term imprisonment of not less than 7 years in accordance with the provisions of the Criminal Law. In this case, there is no personnel **, so the responsibility borne by the driver who caused the accident is relatively simple. There is no criminal liability, but full civil liability, such as damage to the vehicle caused, and other damages such as lost time or damages for road facilities.

2) the nature of the impact of voluntary surrender.

If the perpetrator later turns himself in, the circumstances of voluntary surrender cannot cancel or reduce his civil liability, but only reduce his criminal liability to a certain extent. There is no criminal penalty involved in this case, the perpetrator will be banned from driving for life, and in this accident, he cannot apply for insurance compensation and can only bear the full cost by himself, which is the consequence of a hit-and-run.

Finally, I would like to say that after an accident, don't run away because every vehicle is now insured. The cost of escaping is so great that it simply outweighs the cost.

If you hit and run, you should be banned from driving for life, depending on his confession

If the person is not injured, it is not a criminal issue, it is only a civil issue of compensation, and the perpetrator will not be held criminally responsible.

Legal analysis: 1. If the driver who caused the accident escaped, resulting in the lack of responsibility for the traffic accident and the lack of accompaniment, he shall bear all the responsibility for the traffic accident.

2. Civil compensation: The civil compensation claim includes funeral expenses, death compensation, living expenses of dependents, etc.

3. Criminal liability: If the driver is suspected of causing a traffic accident, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal 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.

If the driver is suspected of causing a traffic accident, he shall be investigated for criminal liability and civil liability.

Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing serious injury or death to a person 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 flees after causing a traffic accident or has other special aggravating 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.

Legal Analysis: The penalties are as follows: Whoever violates traffic and transportation management regulations, resulting in 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 criminal 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.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates traffic and transportation management regulations, such as rolling bridges, 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.

Article 133-1 Anyone who drives a motor vehicle on a road in any of the following circumstances shall be sentenced to short-term detention and shall also be punished with a reserve for dismantling: (1) chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety. Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. Article 133-bis? Whoever uses violence against a scumbag driver of a moving public transport vehicle or grabs control of the driving control device, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished in accordance with the provisions of the preceding paragraph.

Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

1. Where it is suspected of constituting the crime of causing a traffic accident, and fleeing after causing a traffic accident, or there are other particularly 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. Relevant provisions: 1. Article 133 of the Criminal Law [Crime of Causing Traffic Accidents] 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. Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" provides that a person who causes a traffic accident in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention: (1) one person dies or three or more persons are seriously injured, and 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 for an 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 the qualifications to drive the first in the group; (3) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order; (4) Knowingly driving a motor vehicle without a license or has been scrapped; (5) Driving seriously overloaded; (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. Article 4 In any of the following circumstances, a traffic accident shall be classified as "having other particularly heinous circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years

1) Where two or more persons are killed or five or more persons are seriously injured, and they bear full or primary responsibility for the accident; (2) Where six or more people are killed and bear equal responsibility for the accident; (3) Causing direct losses to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for an amount of 600,000 yuan or more. Article 5: "Death due to escape" refers to situations where the perpetrator flees to avoid legal prosecution after a traffic accident, resulting in the victim's death due to lack of assistance. Where, after a traffic accident, the person in charge of the unit, the owner of the motor vehicle, the contractor, or the passenger instructs the perpetrator to escape, causing the victim to die because he cannot be rescued, it is to be punished as an accomplice to the crime of causing a traffic accident.

Legal analysis: Hit-and-run is to be fined between 200 and 2,000 RMB, and may be detained for 15 days. where a crime is constituted, 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.

Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing serious injury or death to a person 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.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving 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 for an 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) Driving a motor vehicle knowing that the safety device is incomplete or the safety mechanism is out of order;

4) Knowingly driving a motor vehicle without a license or a scrapped vehicle;

(5) Driving seriously overloaded;

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

Article 3: "Fleeing after causing a accident involving the hidden infusion of Zen burial slag transportation" 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.

If you can't find the driver, check the owner, and if the owner and the driver are the same person, wait for the driver to be arrested!

Originally, the head of the lamp gave way to the tail of the lamp, and the driver who caused the accident should be fully responsible as soon as he ran.

In this case, it is easy to be sure, as long as the other party escapes, then he is fully responsible.

It is advisable to ask the eyewitnesses to write a testimonial.

First, well, go to the disability appraisal, take the medical documents, the identification letter and the disability appraisal, and go to the court to sue for personal injury compensation.

Check the video recording --- of the intersection monitor--- if there is one action should be fast, otherwise the video has a retention period.

Ask if there are any witnesses.

If you don't have the emperor's blessing, your friend will be fine, admit it.