What are the criminal responsibilities for death caused by car accidents?

Criminal responsibility is not necessarily forthcoming.

According to the provisions of the Criminal Law and 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, where a traffic accident causes the death of one person, the perpetrator shall constitute the crime of traffic accident only if the perpetrator bears the main or full responsibility for the accident, or if three or more people die and bear equal responsibility for the accident, the perpetrator shall be investigated for criminal responsibility; If the above circumstances are not met, although the death of a person is caused, it does not constitute a crime and does not bear criminal responsibility.

Article 133 of the Criminal Law [Traffic Accident Crime; Dangerous driving] 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.

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 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.

Legal analysis: The division of responsibility for death caused by car accidents is determined by the traffic management department of the public security organ, and the responsibility of the parties is generally determined according to the role of the parties' actions in the occurrence of road traffic accidents and the severity of the fault.

Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.

1. The second provision that the traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of the road traffic accident and the severity of the fault

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, the primary responsibility, equal responsibility and secondary responsibility shall be borne respectively according to the effect of their actions on the accident and the severity of the fault. The above is the answer to this question.

Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the party's behavior in the occurrence of the road traffic accident and the severity of the fault

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

Criminal liability for death caused by a car accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The first paragraph of 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 stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:

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

2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;

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 the amount of 300,000 yuan or more.

Paragraph 2 of 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 stipulates that a person who is seriously injured in a traffic accident and bears all or the main responsibility for the accident and has any of the following circumstances shall be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle under the influence of alcohol or drug use;

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 without a license or has been scrapped;

5) Driving with serious overload;

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

Article 133 of the Criminal Law of the People's Republic of China Anyone who violates the laws and regulations on the administration of transportation and thus causes a major accident, 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, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Where a car accident causes death, it is suspected of the crime of causing a traffic accident and is to be sentenced to fixed-term imprisonment or short-term detention of up to three years; 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 boredom and escapes shall be sentenced to fixed-term imprisonment of not less than seven years.

1.Where a major traffic accident is destroyed due to a violation of traffic rules, resulting in serious injury to a person, the death of one person, or major losses to public or private property, it shall be followed.

2.Caused a major traffic accident and escaped, and the accident was particularly severe.

3.In the event of death and escape, the victim is killed.

Legal Analysis: The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with the law. Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates traffic and transportation management regulations and thus causes a major accident, 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 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.

Here is a specific description of the criminal liability for death caused by a car accident. Article 133 of the Criminal Law of the People's Republic of China stipulates that a person who violates the laws and regulations on transportation management and thus causes a major accident, 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 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.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents further clarifies Article 133 of the Criminal Law. There are several specific circumstances that constitute the crime of causing a traffic accident:

1. A sentence of up to three years imprisonment or short-term detention is to be given:

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.

4) Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and in 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 without a license or a scrapped vehicle;

5. Seriously overloaded and pretending to drive;

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

2. A sentence of between three and seven years imprisonment is to be given

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 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 600,000 yuan or more.

3. 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, he is to be punished as an accomplice to the crime of causing a traffic accident.

IV. "Fleeing after a traffic accident" refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution.

"Causing death due to escape" refers to a situation in which the perpetrator flees to avoid legal prosecution after a traffic accident, resulting in the victim's death due to lack of assistance.

Legal analysis: The person responsible for the traffic accident shall bear the corresponding liability for damages in accordance with the traffic accident liability. Where the victim dies, compensation shall be paid for funeral expenses, death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Where the close relatives of the deceased suffer mental harms, and the person entitled to compensation requests compensation from the people's court for compensation for the moral damages.

Legal basis: Criminal Law of the People's Republic of China

Article 133 Whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major damage 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, dismantling and fined:

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 133-2 Whoever uses violence against the driver of a moving public transport vehicle or rushes 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 a driver in the preceding paragraph leaves his or her duty on a public transportation vehicle without authorization, beats up with others or assaults others, endangering public safety, he shall 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.

In the event of a traffic accident resulting in the death of a person, it is mainly determined according to the degree of responsibility of the driver who caused the accident, and in accordance with the provisions of the Criminal Law of our country on the death of a person caused by a traffic accident, one person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident; If there are three or more deaths, who bears equal responsibility for the accident; If the accident causes the death of three people, the driver who caused the accident bears secondary responsibility for the accident or the death of one person bears the same or less responsibility, he does not bear criminal responsibility, but will only bear civil liability for compensation.

Legal basis: Article 133 of China's Criminal Law stipulates that anyone who violates traffic and transportation management regulations and thus causes 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 of Li Yuan; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to between three and seven years imprisonment for a period of not less than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

What are the criminal responsibilities for the death of a person in a car accident? Slim Eye.