How to punish the death of a person caused by a traffic accident about the case of death caused by a

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.

Hello, in violation of road traffic management regulations, major traffic accidents, causing serious injuries, death, or major losses to public and private property, are suspected of traffic accidents.

Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years.

In addition, in terms of civil compensation, if death is constituted, compensation shall be made for funeral expenses, living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters. The specific amount needs to be determined based on the level of disability, household registration, hospitalization, family situation, etc.

The process of processing traffic accident compensation is as follows:

1) Mediation: After the mediation of the traffic management department of the public security organ, if the parties do not reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the court.

2) Litigation: First instance 1. Filing a lawsuit (1) Submitting a complaint to the case filing division of a court with jurisdiction (2) Filing a case for review (3) If the conditions for filing a case are met, notify the parties to pay the litigation fee within 7 days, and file the case after paying the fee (4) If the conditions for filing a case are not met, the lawsuit will not be accepted or the lawsuit will be dismissed. Within 10 days of dissatisfaction with the ruling not to accept the case or the ruling to reject the lawsuit, an appeal may be submitted to the people's court at the level above.

5) After the case is accepted, the schedule will be scheduled, and the parties will be notified of the time, place, and undertaker 3 days in advance The case for public trial will be announced 3 days in advance The materials that need to be prepared can be prepared as much as you can:

1. Documentary evidence (witnesses, testimony) and physical evidence that prove the process, cause, time and place of the occurrence of the damage. (There will be a basic description and confirmation in the determination of general accident liability) 2. Proof of medical treatment at the medical department designated by the relevant department. 3. All diagnosis certificates, prescriptions, medical records and various medical expense documents of the medical department, including:

**Fees, Examinations** Fees, Medical Expenses, Hospitalization Fees. 4. Escort certificate, transfer certificate, and sick leave certificate issued by the medical department. 5. Proof of advance payment of medical expenses issued by the unit, and proof of loss of work (victim's salary, bonus, number of days of lost work, fixed subsidy).

6. Receipts of medical transportation expenses. 7. If you claim disability compensation, you need to provide disability appraisal and the basis for the amount of compensation. 8. Proof of ownership of the damaged property.

9. The name, specification, amount, quantity, texture, newness and value of the damaged property (valuables need to be appraised by relevant departments). 10. Evidence of the extent of damage or loss of the damaged property. 11. Determination of relevant facts and responsibilities of the traffic management department.

If you are not satisfied with the determination of responsibility, you should prepare relevant evidence to overturn the determination, but it is difficult in practice) 12. Whether the driver who caused the accident was an act of duty. 13. The driving and operation license of the vehicle and the driver's license of the driver. 14. Insurance certificate of the damaged vehicle.

Legal analysis: 1. Where one person dies or three people are seriously injured, and bears full or primary responsibility for the accident, the starting sentence is one year to two years imprisonment. 2. Where four people are seriously injured and bear full or primary responsibility for the accident, the starting sentence is one year and six months imprisonment to two years and six months.

Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing 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, 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) Death of one person or serious injury of three or more persons, bearing 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.

Legal analysis: 1. For cases where the perpetrator hits and runs away after a traffic accident and causes death due to negligence. As long as there is evidence that can fully prove that the perpetrator did not know that the act of escaping would cause the victim's death or did not allow the victim's death to occur, that is, the subjective and objective conditions for indirect intentional homicide are not met, they shall be convicted and punished as a traffic accident.

2. After the traffic accident, the victim's injuries were so serious that his life was in danger, and even if the perpetrator rescued him in time, his life could not be saved. In this case, if the perpetrator drove away in order to escape responsibility, and the victim was indeed deceased, the author believes that the act should only constitute the crime of causing a traffic accident.

Legal basis: Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents》 In any of the following circumstances, 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;

Where there are other particularly heinous circumstances, a sentence of three years to seven years imprisonment for burying a grandson refers to any of the following circumstances:

1) If there are more than 2 deaths or more than 5 serious injuries, the flush will be responsible for all or the main judgment;

2) 6 or more people are killed and are equally responsible for the accident;

Legal analysis: If a traffic accident causes death, it is very likely that it will be found to constitute the crime of causing a traffic accident. According to the provisions of the Criminal Law of the People's Republic of China, if this crime is constituted, the perpetrator is generally punished with short-term detention or fixed-term imprisonment of not more than three years.

However, if there is an act of fleeing after a traffic accident, or if there are other more aggravating circumstances, then the penalty is 3-7 years in prison. Of course, anyone who causes death in the case of escape may be sentenced to fixed-term imprisonment for not less than seven years.

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

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 three or more people die, they are equally responsible 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 more than 300,000 yuan.

Legal basis

Criminal Law of the People's Republic of China》 Article 133: Anyone who drives a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine:

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.

1. In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

1. One person is killed or three or more people are seriously injured, and the accident is wholly responsible or the main responsibility;

2. If three or more people die, they are equally responsible 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 more than 300,000 yuan.

2. Where a traffic accident causes a person to be seriously injured by Heng Xun and bears all or the main 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. Mingchang Pengzhi is driving a motor vehicle without a license or scrapped;

5. Driving with serious overload;

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

Legal Analysis: Sentencing for Death in Traffic Accidents: Whoever commits this crime shall 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. No matter what the reason, you should report to the police in time after a traffic accident, and do not make mistakes again and again.

Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates the transportation management regulations of the company 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 particularly heinous and degrading 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 Criminal Law stipulates that if a driver causes death or serious injury to one or more people in a traffic accident and bears the main or full responsibility for the accident, he should be investigated for criminal responsibility, that is, he should be sentenced for the crime of "traffic accident and trust." If the death of two or more persons is caused, the circumstances are serious and the sentence shall be between three and seven years. Where the death of one person is caused, the sentence is up to three years.

In the case you mentioned, two people died in the process of **, and there is a time limit, if the death is 48 hours after the traffic accident, it is regarded as a traffic accident death. If you die after 48 hours, it depends on the situation. In the event of a traffic accident, the traffic police department will generally first inspect the scene of the accident, make a determination of accident responsibility, and send the certificate of determination to both parties to the accident.

If a crime is constituted, the traffic police department will release the criminal suspect on bail pending further investigation or reside in the supervisor or take him into criminal detention until he is arrested. It will also be transferred to the procuratorate for prosecution by the court, and the court will make a final judgment.