Does it constitute a traffic offense? Answers to the determination of traffic accident crimes and th

Pure theoretical blind analysis, don't be surprised if you're wrong...

Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents

Article 1: Where a major traffic accident occurs in violation of traffic and transportation regulations by personnel engaged in transportation or non-transportation personnel, on the basis of clarifying responsibility for the accident, where a crime is constituted, it shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.

PS: Therefore, the premise of constituting a crime is the division of accident responsibility, and the focus of determining the crime of traffic accident is focused on the identification of the accident and the analysis of responsibility.

Classification of liability: (to the legal article [mainly look at the second paragraph, because the two parties in this case are at fault]).

Regulations on Procedures for Handling Road Traffic Accidents

Article 46 The traffic management department of the public security organ shall, according to the role of the party's conduct in the occurrence of a road traffic accident and the severity of the fault, determine the responsibility of the party.

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.

Provincial-level public security organs may, in accordance with relevant laws and regulations, formulate specific detailed rules or standards for determining responsibility for road traffic accidents.

PS: According to the level of responsibility for the accident determined by the traffic management department, the penalty is determined in accordance with the following laws [the first paragraph of the main case, because one person died in this case].

Interpretation 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.

PS: If A is determined by the traffic management department to be the main responsibility, it will be found to be a traffic accident and sentenced to fixed-term imprisonment of less than three years or criminal detention.

PPS: Pure Theoretical Blind Analysis... Drift away.

Criminal responsibility for the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention, and where there are other particularly heinous circumstances such as 3 and not more than 7 years imprisonment for escaping after a traffic accident or there are other particularly heinous circumstances, and fixed-term imprisonment of not less than 7 years for causing death due to escape.

[Legal basis].

Article 133 of the Criminal Law Whoever violates the 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; Whoever flees after causing a traffic accident or has other especially heinous circumstances 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 escaping is to be sentenced to fixed-term imprisonment of not less than seven years.

The division of responsibility for traffic accidents and the determination of traffic accident crimes. It must be clarified that the division of responsibility for traffic accidents is an important part of the objective aspect of the crime, and has a direct relationship with the determination of the crime of traffic accidents. The issue of liability should be combined with the serious consequences caused by the violation of traffic and transportation regulations, the ability to compensate and the statutory circumstances of the act that caused the accident to determine whether a crime is constituted.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Cases issued by the Supreme People's Court on November 10, 2000,2 there are the following four relationships between accident liability and the determination of the crime of traffic accident: 1. One person dies or seriously injures three or more people, and bears the main responsibility for the accident; 2. If there are 3 or more deaths, the person bears 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 more than 300,000 yuan; 4. A traffic accident that causes serious injury to one or more persons, bears full or primary responsibility for the accident, and has one of the following six circumstances: driving a motor vehicle after drinking alcohol or taking drugs; driving without driving qualifications; Knowingly driving a motor vehicle with unsafe safety devices or malfunctioning safety components; Knowingly driving an unlicensed or scrapped motor vehicle; Driving with serious overload; In all of the above circumstances, the responsibility for the accident is indispensable.

The issue of liability for traffic accidents is a specific explanation of the objective characteristics of the crime of traffic accidents. The constitution of a crime refers to the unification of all objective and subjective elements necessary to determine the social harmfulness and extent of a specific act in accordance with the provisions of the Criminal Law of our country, and for the act to constitute a crime. In short, what constitutes a crime is the criterion of whether an act constitutes a crime.

As a crime of professional negligence, the crime of traffic accident has its own characteristics, that is, the accident is usually caused by the joint negligence of the perpetrator and the victim. Whether the perpetrator is negligent or not, and the degree of negligence, is often directly related to whether the crime of traffic accident can be determined. After an accident occurs, the public security organs, after ascertaining the cause of the traffic accident, shall determine the responsibility of the party concerned for the traffic accident based on the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident.

The determination of the responsibility of the public security organs is made on the basis of examining the objective aspects of the act, and reflects some quantitative characteristics of the objective aspect of the act, but it cannot fully reflect all the characteristics of the objective aspect of the act, such as the harmful result, and the harmful result is an objective necessary element of the crime of negligence, and has special significance in the handling of the crime of negligence. Therefore, traffic accident liability plays a role as an important part of the objective aspect of the crime in the composition of the crime of traffic accident.

The criminal responsibility of the perpetrator shall be borne if the crime of causing an accident is constituted: generally up to three years imprisonment or criminal detention. The crime of causing a traffic accident is objectively manifested as a criminal act of violating road traffic management regulations, causing a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and being investigated for criminal responsibility in accordance with law.

[Legal basis].Article 133 of the Criminal 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.

If a traffic accident causes serious injury to more than one person, the person shall bear full or primary responsibility for the accident, and the following circumstances will constitute the crime of traffic accident:

1) Driving with serious overload;

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

3) Driving a motor vehicle without driving qualifications;

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

5) Driving a motor vehicle after drinking alcohol or taking drugs.

[Legal basis].Paragraph 2 of Article 2 of 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.

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;

five-liter plexus) seriously overloaded driving;

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